Drink and drug driving penalties
Tough penalties apply for any driver or rider caught driving with both drugs and an illegal level of alcohol in their system. Motorists who refuse to provide samples for drug and alcohol testing will be hit with the highest penalty for the relevant substance impaired driving offences (drink driving, drug driving, or drink and drug driving)
Drug driving prohibition notices
WA Police Force will issue drivers who test positive for specified drugs (Cannabis, Ecstasy or Meth) or refuse a roadside drug test with a prohibition notice which bans them from driving for 24 hours.
Breaching the prohibition notice is an offence. Police may issue an infringement notice with a penalty of $600.
Drug driving penalties
Police have the power to stop drivers suspected of driving while impaired by any drug.
Those found with specified drugs (Cannabis, Ecstasy or Meth) in their oral fluid can be charged with the offence of Driving with Specified Drugs in Oral Fluid.Table 1: Drug driving penalties
The more serious offence of Drug Impaired Driving under the Influence of Drugs applies to drivers found to be so impaired by either prescription or illicit drugs that they are not capable of proper control of a vehicle.
This applies where police have evidence of suspicious or erratic driving behaviour and where that suspicion is confirmed following a driver assessment and/or blood tests.Table 2: Driving under the influence of drugs penalties
Drink driving penalties
If you are caught driving with a Blood Alcohol Content (BAC) equal to or above 0.05 and less than 0.08, you may either be infringed or required to appear in court. The following table shows the penalties that will apply for a first offence of driving with a BAC of ≥ 0.05 but < 0.08.
Table 3: Drink driving penalties
The following table shows the court penalties for drink driving offences. The penalties in these tables represent drivers who held a full licence at the time of the offence.
Table 4: Court penalties for drink driving offences
The following table shows the court penalties from 1 July for drink driving with ≥ 0.15 BAC.
Table 5: New court penalties for drink driving ≥ 0.15 BAC*Alternative to max fine for second offence is 9 months imprisonment
**Alternative to fine for third and subsequent offences is 18 months imprisonmentThe information available on our website provides a simple interpretation of the law and is not intended to constitute legal advice.
Full details of traffic offences and penalties related to drink and drug driving are contained in the Road Traffic Act 1974.