Western Australian Current Acts

ROAD TRAFFIC ACT 1974 - SECT 64AA

64AA .         Driving with blood alcohol content of or above 0.05

        (1)         A person who drives or attempts to drive a motor vehicle while having a blood alcohol content of or above 0.05 g of alcohol per 100 ml of blood commits an offence.

        (2)         If a court convicts a person of a first offence against this section the person is liable to a fine of not more than 25 PU.

        (2a)         If a court convicts a person of a second or subsequent offence against this section —

            (a)         the person is liable to a fine of not less than the minimum fine or more than the maximum fine in the Table to this subsection; and

            (b)         the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for not less than the relevant minimum period of disqualification in the Table to this subsection.

Table

Blood alcohol content (g/100 ml)		Second offence	Subsequent offence
≥ 0.05 but < 0.07	Min: Max: Disq:	25 PU 40 PU 6 months	25 PU 40 PU 8 months
≥ 0.07	Min: Max: Disq:	30 PU 40 PU 8 months	30 PU 40 PU 10 months

        Note:         ≥ signifies of or above

                < signifies less than

                Disq signifies the minimum period of disqualification

                Max signifies the maximum fine

                Min signifies the minimum fine

        (2b)         For the purposes of this section, an offence is a second or subsequent offence against this section irrespective of the blood alcohol content on the occasion of the commission of any previous offence against this section.

        (2c)         For the purposes of this section, where a person is convicted of an offence against this section any offence previously committed by the person against section 63, 64, 64B, 67 or 67AD must be taken into account and be deemed to have been an offence against this section (but not to the exclusion of any other previous offence against this section) in determining whether that first-mentioned offence is a first, second or subsequent offence.

        (3)         A person charged with an offence against this section may, instead of being convicted of that offence, be convicted of —

            (a)         an offence against section 64A(1) or 64AAA(1) if, at the time of the alleged offence, the person was a person to whom section 64A(1) applied; or

            (b)         an offence against section 64A(4) or 64AAA(2) if, at the time of the alleged offence, the motor vehicle concerned was a motor vehicle to which section 64A(4) applied.

        [Section 64AA inserted: No. 13 of 1992 s. 9; amended: No. 50 of 1997 s. 7; No. 54 of 2006 s. 16, 17(3) and (4); No. 39 of 2007 s. 7, 17 and 33; No. 14 of 2011 s. 7; No. 2 of 2015 s. 7; No. 27 of 2020 s. 8.]