In Western Australia, both drink driving and drug driving are criminal offences. However, when it comes to marijuana, the laws operate quite differently.
Understanding how the law treats marijuana differently from alcohol is essential, especially as medicinal cannabis becomes more common. Consulting a criminal drug lawyer will help you grasp the differences and prepare you for any involvement in the legal process.
In this article, we outline the 3 main differences between drug and drink driving: detection methods, types of offences and penalties. For more information or to speak directly with a member of our team, please contact Chambers Legal on (08) 9500 8915 or at [email protected].
Detection Methods
Drink Driving:
- Detected through breath tests measuring Blood Alcohol Concentration (BAC).
- For most drivers, the legal BAC limit is 0.05%.
- Random Breath Testing (RBT) is common strategy police use to detect drink driving
Drug Driving:
- Identified via oral fluid tests that target substances like cannabis, methamphetamine and MDMA.
- Unlike alcohol, there’s a zero-tolerance policy; any presence of these drugs constitutes an offence.
- Testing can be random or based on observed impairment.
Types of Offences
Drink Driving Offences:
- Driving with BAC of 0.05% or more: May result in fines and demerit points.
- Driving with BAC of 0.08% or more: Leads to immediate licence disqualification and will involve eventual court proceedings.
- Driving under the influence (DUI): Applies when alcohol renders a driver is incapable of proper control.
Drug Driving Offences:
- Presence of specified drugs: Offence occurs if certain drugs are detected, regardless of impairment.
- Driving under the influence of drugs: Charged when a driver is visibly impaired by drugs. Importantly, this includes prescription medications.
Penalties
Drink Driving Penalties:
- Fines ranging from $1,250 to $3,750 depending on BAC and offence history.
- Licence disqualification periods ranging from 6 months to life (for repeat offences).
- Mandatory participation in the Alcohol Interlock Scheme for certain offences.
Drug Driving Penalties:
- Fines up to $1,250 for first offences involving certain drugs.
- Licence disqualification of 6 months for second or subsequent offences.
- More severe penalties for DUI offences, including higher fines and longer disqualifications.
Other Legal Considerations
More subtle legal differences can also differentiate drug driving form drink driving:
- Impairment vs. Presence: Drink driving laws focus on impairment levels (BAC), whereas drug driving laws penalise the presence of certain drugs.
- Medicinal Use: Drivers using prescribed medications containing THC can still face charges if the drug is detected. Because of this, it is critical to understand how medications affect driving legality.
- Refusal to Test: Refusing a breath or drug test is illegal in itself , carrying penalties similar to high-range drink or drug driving.
How Can a Lawyer Help?
If you’ve been charged with drug or drink driving, engaging a lawyer early can make a significant difference to the outcome of your case.
A criminal defence lawyer can explain the charge, assess the strength of the evidence and advise on entering a plea or constructing a defence. In some cases, they may challenge the legality of the testing procedure or argue that your ability to control the vehicle was not impaired.
In this case of a marijuana (or ‘weed’) charge, your legal representation may be able to argue in favour of a drug diversion program rather than traditional penalties. You can read more about drug diversion programs here.
Most importantly, a lawyer ensures you understand your rights and helps protect your future from unnecessary or avoidable consequences.
Enquire Today and Speak with a Drug Offence Lawyer at Chambers Legal
While both drug and drink driving are treated seriously in WA, the laws differ in detection methods, definitions of offences and penalties.
Consulting an experienced lawyer will ensure that you understand these differences and the penalties associated with any charges you may be facing.
If you have been charged with drug or drink driving and would like to speak with a lawyer, you can contact Chambers Legal on (08) 9500 8915 or at [email protected].
Alternatively, we also offer free 15-minute phone consultations.