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WA’s Drink-Driving Breath-Test Law: What Changed in 2019

Western Australia’s breath-testing reform took effect in 2019. It removed BAC back-calculation from evidentiary breath analysis, while leaving a rebuttable presumption and the separate preliminary roadside test in place.
Entry852 Date Time2 min MechanicCarCody Team
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Western Australia’s tougher breath-testing law took effect at midnight on 11 September 2019. It changed how a later evidentiary breath-analysis result is treated when determining a driver’s blood alcohol concentration (BAC) at the time of driving; it did not introduce random breath testing.

What changed under the 2019 law?

Before the reform, a driver’s BAC at the time of driving could be calculated from a later evidentiary breath-analysis result. The Road Traffic Amendment (Blood Alcohol Content) Bill 2019 removed that back-calculation. Under the change, the evidentiary reading became presumptive evidence of the driver’s BAC while driving. The change took effect from midnight on 11 September 2019, according to the Western Australian Government’s commencement announcement.

What does “what you blow is what you go” mean?

The phrase describes the shift away from estimating an earlier BAC from a later evidentiary test. The evidentiary breath-analysis reading is treated as presumptive of the BAC at the time of driving, rather than being adjusted down through back-calculation. It is a shorthand for the evidentiary rule, not a statement that every roadside screening result automatically determines a charge.

Is the presumption absolute?

No. The parliamentary explanation says the presumption is rebuttable. In appropriate circumstances, a person may seek to defend a charge with expert evidence based on blood analysis showing that their BAC at the time of the offence was lower than alleged. This is a general description, not advice about a particular case; anyone facing a charge should get legal advice about the evidence and applicable law.

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How is an initial roadside test different from evidentiary breath analysis?

A preliminary breath test is the roadside screening stage. The Road Traffic Act separately authorizes police to require a preliminary test in specified circumstances, including requiring a driver to stop for the test. The 2019 reform addressed how a later evidentiary breath-analysis reading is treated when considering BAC at the time of driving. It did not create the power to conduct random breath testing. The parliamentary explanation of the reform and the statutory source distinguish these stages: Bill explanatory memorandum and Road Traffic Act 1974.

Why did the government support the change?

The government said back-calculation could allow some drivers to avoid higher penalties or charges, and presented removing it as a way to address that problem. That was the government’s stated rationale, not a measured finding here about the reform’s effects. In its 11 September 2019 announcement, Acting Road Safety Commissioner Simon Grieve said: “Drink driving is a factor in one in five fatal crashes and one in ten serious injury crashes in WA.” The figure is attributed to a 2019 announcement and should not be read as a current crash rate.

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What should drivers do?

If you plan to drink, arrange another way home before you go, such as a taxi, rideshare or sober driver. The government’s announcement advises people planning to drink to make other transport plans. A personal breathalyser reading should not be treated as permission to drive.

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