What Are Drink Driving Laws and Legal Penalties in Australia? Expert Guide

November 7, 2025    litigation lawyers
What Are Drink Driving Laws and Legal Penalties in Australia? Expert Guide

When you are accused of drink driving in Western Australia or any other part of the country, it is essential to enlist the services of drink driving lawyers in Perth or a driving under the influence lawyer as the initial step.

This guide will give you a clear picture of the drink driving laws Australia, including the offences, punishments and your legal entitlements.

It also describes the legal alcohol limit in Australia and how litigation lawyers Perth, a civil litigation lawyer, or an affordable litigation lawyer in Perth can help you to go through the legal process.

Knowledge of Drink Driving Laws in Australia

Driving under the influence of alcohol, also commonly known as Drink driving, is the act of a motorist driving with a blood alcohol concentration (BAC) level that is higher than the set limit. In all states and territories of Australia, the overall maximum alcohol content of fully licensed drivers is 0.05 BAC.

Nonetheless, some drivers should have a zero BAC threshold, which includes:

  • Student and temporary licencees.
  • Heavy vehicle drivers.
  • Professional taxi drivers, commercial and rideshare.
  • Drivers who have a history of drink driving or those who have interlock requirements.

The Legal Alcohol Limit and the Penalty Ranges

The legal alcohol limit Australia is 0.05, applicable in all parts of the country; however, the punishment increases with increasing readings. As an example, a BAC of 0.05-0.079 could be categorised as a low range offence, whereas anything over 0.15 is a high range offence and is treated as a serious criminal issue.

Typical penalties include:

  • Punishment in fines and units: Financial penalties can range between hundreds and thousands of dollars, depending on the BAC reading.
  • Suspension or disqualification: Suspension can be immediate after charge, and disqualification can be prolonged after conviction.
  • Imprisonment: Repeat or high-range offences might result in a jail sentence.
  • Impounding of vehicles: The police have the authority to impound or confiscate the vehicle in extreme or repeat cases.

Court Process and Expectation

When charged with drink driving Australia, you will receive a court summons which will indicate the offence and the date of appearance. You might be guilty or not when you appear in court.

  • Guilty pleas may lead to the same-day sentencing, and the court may take into account mitigating factors like a clean driving record or early admission.
  • Not guilty cases go to trial, during which evidence like blood or breath tests is considered.

The civil litigation lawyer may assist in analysing whether the police actions were in accordance with the law, such as the time during which the test was performed and its legitimacy, or even the state of the equipment.

Typical Defences to Drink Driving

Drinking and driving defences are based on evidence and circumstance. These can include:

  • Mistakes during the testing or arrest.
  • False readings as a result of malfunctioning instruments.
  • Inability to determine driving, such as whether you were in a moving car.
  • Duress or necessity, in cases where driving was necessary in an emergency.

Another option available to lawyers is to negotiate lighter penalties on grounds of hardship, e.g., loss of employment, or seek an extraordinary licence, which gives restricted driving rights with tightly constrained conditions.

The Role of Litigation and Civil Lawyers

Although driving under the influence is a crime, it may also be civil. In case you have an accident when you are drunk, you may be required to pay damages. In this scenario, litigation lawyers Perth or a civil litigation lawyer may help defend or settle the associated civil claims.

An  litigation lawyer Perth WA can offer strategic advice and representation to individuals desiring low-cost legal representation in both criminal and civil areas of a drink driving issue.

Conclusion

The drink driving laws in Australia are formulated to focus more on the safety of the road and rigorous responsibility to perpetrators. Knowledge of low-range and high-range offences, awareness of rights, and seeking immediate legal assistance are the keys to coping with the consequences.

When you are charged with drink driving, there is a big difference between having a qualified driving under the influence lawyer and litigation lawyers in Perth. The most effective way to safeguard your own future is early intervention, legal advice and sound decision-making.

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