Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person who
drives or attempts to drive a motor vehicle while having a blood alcohol
content of or above 0.05g of alcohol per 100ml 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 4 PU.
(2a) If a court
convicts a person of a second or subsequent offence against this section
—
(a) the
person is liable to the relevant penalty in the Table to this subsection; and
(b) the
court shall 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/100ml) | |
Penalty |
|---|---|---|
|
≥ 0.05 |
Min: |
5 PU |
|
≥ 0.06 |
Min: |
6 PU |
|
≥ 0.07 |
Min: |
7 PU |
Note: ≥
signifies of or above
< signifies less than
(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, or 67 shall 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 an offence against section 64A(1) or 64AAA
where, at the time of the alleged offence, he was a person to whom
section 64A(1) or 64AAA applied.
[Section 64AA inserted by No. 13 of 1992
s. 9; amended by 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.]