Polydrug Offences (WA)

As of 1 July 2021, any driver stopped by the Western Australian Police and found to have both a prescribed illicit drug AND a blood alcohol content exceeding 0.05 grams alcohol per 100ml of blood will be subject to increased penalties. This is to be known as a polydrug offence. The penalties that will apply to polydrug offences will depend on the BAC that is recorded and whether it is the person’s first, second or third offence. This article outlines the penalties for these offences.

What is a prescribed illicit drug?

A prescribed illicit drug is defined in Section 4 of the Road Transport Act 2013. THC, methylamphetamine, speed, ecstasy and cocaine are classified as prescribed illicit drugs for the purposes of the Act.

Polydrug offences BAC 0.05 – 0.07

Any person caught with a prescribed illicit drug and a blood alcohol content exceeding 0.05 grams of alcohol per 100 ml of blood but less than 0.07 grams will be subject to the following penalties:

First offence:

• A maximum fine of $1,900.00; and
• Disqualification from driving for a minimum period of 3 months

Second offence:

• A minimum fine of $1,900.00; and
• A maximum fine of $3,000.00
• Disqualification from driving for a minimum period of 9 months.

Third offence:

• A minimum fine of $1,900.00; and
• A maximum fine of $3,000.00
• Disqualification from driving for a minimum period of 12 months.

Polydrug offences BAC 0.07 – 0.08

Any person caught with a prescribed illicit drug in their system and a blood alcohol content exceeding 0.07 grams but less than 0.08 grams of alcohol per 100 ml of blood will be subject to the following penalties:

First offence:

• A maximum fine of $1,900.00; and
• Disqualification from driving for a minimum period of 3 months

Second offence:

• A fine of between $2,250.00 and $3,000.00; and
• Disqualification from driving for a minimum period of 12 months.

Third offence:

• A fine of between $2,250.00 and $3,000.00; and
• Disqualification from driving for a minimum period of 15 months.

Polydrug offences BAC 0.08 – 0.09

Any person caught with a prescribed illicit drug in their system and a blood alcohol content exceeding 0.08 grams but less than 0.09 grams of alcohol per 100 ml of blood will be subject to the following penalties:

First offence:

• A fine of between $1,150.00 to $3,400.00;
• Disqualification from driving for a minimum period of 9 months

Second offence:

• A fine of between $2,400.00 and $3,400.00; and
• Disqualification from driving for a minimum period of 12 months.

Third offence:

• A minimum fine of between $2,400.00 and $3,400.00
• Disqualification from driving for a minimum period of 15 months.

BAC 0.09 – 0.11

Any person caught with a prescribed illicit drug and a blood alcohol content exceeding 0.09 grams of alcohol per 100 ml of blood but less than 0.11 grams will be subject to the following penalties:

First offence:

• A fine of between $1,300.00 to $3,400.00;
• Disqualification from driving for a minimum period of 11 months

Second offence:

• A fine of between $2,550.00 and $3,400.00; and
• Disqualification from driving for a minimum period of 15 months.

Third offence:

• A minimum fine of between $2,550.00 and $3,400.00
• Disqualification from driving for a minimum period of 20 months.

Polydrug offences BAC 0.11 – 0.13

Any person caught with a prescribed illicit drug and a blood alcohol content exceeding 0.11 grams of alcohol per 100 ml of blood but less than 0.13 grams will be subject to the following penalties:

First offence:

• A fine of between $1,500.00 and $3,400.00;
• Disqualification from driving for a minimum period of 12 months.

Second offence:

• A fine of between $2,700.00 and $4,500.00; and
• Disqualification from driving for a minimum period of 21 months.

Third offence:

• A minimum fine of between $2,700.00 and $4,500.00; and
• Disqualification from driving for a minimum period of 26 months.

BAC 0.13 – 0.15

Any person caught with a prescribed illicit drug and a blood alcohol content exceeding 0.13 grams of alcohol per 100 ml of blood but less than 0.15 grams will be subject to the following penalties:

First offence:

• A fine of between $1,750.00 to $3,400.00; and
• Disqualification from driving for a minimum period of 14 months.

Second offence:

• A fine of between $3,600.00 and $5,650.00; and
• Disqualification from driving for a minimum period of 27 months.

Third offence:

• A minimum fine of between $3, 600.00 and $6,750.00; and
• Disqualification from driving for a minimum period of 42 months.

Polydrug offences BAC over 0.15

First offence:

• A fine of between $2,050.00 to $5,650.00; and
• Disqualification from driving for a minimum period of 15 months.

Second offence:

• A fine of between $2,050.00 and $7,900.00; and
• Disqualification from driving for a minimum period of 15 months; and
• A maximum term of imprisonment for a period of 9 months.

Third offence:

• A fine of between $2, 050.00 and $11,250.00; and
• Disqualification from driving for a minimum period of 15 months; and
• A maximum term of imprisonment for a period of 18 months.

*Please note the above penalties will differ if a person has had previous convictions for an Exceed 0.08 Grams of Alcohol per 100ml of Blood offence or if they have been previously convicted of a polydrug offence whereby their blood alcohol content exceeded 0.08 grams of alcohol per 100ml of blood.

If you require legal advice or representation in any legal matter please contact Armstrong Legal.