What is an interlock and how does it work?
An interlock is an electronic breath testing device which is linked to a vehicle’s ignition system. To start the vehicle, the driver must blow into the device and pass a breath test. The vehicle will not start if any alcohol is detected.
In addition to the initial breath test, randomly timed breath tests must also be passed whilst driving. If a breath test is failed at any time, the device will display a lock out time and the driver will be unable to drive for a specified period of time.
What is the aim of the interlock program?
The aim of the interlock program is to reduce drink driving-related deaths and injuries on NSW roads. The program hopes to help drink drivers separate drinking and driving. Queensland, Victoria, ACT, South Australia and Tasmania all currently have a mandatory interlock program in place.
The program involves shorter up-front licence disqualification periods followed by an interlock program participation period. Drivers must consistently demonstrate that they can separate drinking and driving before they will be eligible to drive without an interlock device.
Offences and penalties under the Mandatory Alcohol Interlock Program
|
Offence |
Minimum Disqualification period |
Maximum Disqualification period |
Minimum Mandatory Interlock Participation Period |
|
High Range PCA / Refuse Breath Analysis (1stoffence) |
6 months |
9 months |
2 years |
|
Novice / Special / Low Range PCA (2nd offence) |
1 month |
3 months |
12 months |
|
Mid Range PCA (2nd offence) |
6 months |
9 months |
2 years |
|
High Range PCA / Refuse breath analysis (2ndoffence) |
9 months |
12 months |
4 years |
|
Drive Under Influence of Alcohol or Drug (2ndoffence) |
6 months |
9 months |
2 years |
What if I am convicted of multiple offences at the same time?
If a driver has an unserved licence disqualification in addition to an interlock disqualification, they will be required to serve all their disqualifications before they are eligible to get an interlock licence.
Example: Mr Smith is charged with drive while disqualified and a first time high range drink driving. He is disqualified for 2 years for the offence of drive while disqualified and is ordered to participate in the interlock program for the high range drink driving offence. He will not be eligible to obtain an interlock licence until he has served the 2 year disqualification period which was imposed in respect of the drive while disqualified offence.
What happens if I get another drink driving offence while on an interlock licence?
If an interlock licence holder is convicted of a subsequent drink driving offence, any remaining portion of the initial interlock period will be superseded by any subsequent interlock order. However, as there is no limit on the length of the interlock participation period, the court may take into account any uncompleted interlock period when making the subsequent interlock order.
What happens if I do not comply with an interlock order?
Drivers who do not comply with an interlock order remain disqualified for at least 5 years from the date on which they were convicted of the offence.
Drivers must also comply with a number of licence conditions. If a driver does not follow these rules, they may be subject to additional penalties.
Cost
The driver bears the cost of fitting the interlock device into their vehicle. It is estimated that it will cost approximately $2,200 per year.
Concession rates and severe financial hardship arrangements can be made in exceptional circumstances.
Interlock exemption orders
In limited situations, the court can make an interlock exemption order. An exemption order must be requested at the time of sentencing. Such an order can only be made if the offender proves to the court that the offender:
- Does not have access to a vehicle in which to install an interlock device, or
- Has a medical condition diagnosed by a registered medical practitioner that prevents the offender from providing a breath sample sufficient to unlock the device, and that it is not reasonably practicable for the device to be modified to enable the offender to use it.
Interlock exemption orders cannot be made only based on financial grounds.
Performance requirements
Interlock program participants are required to prove that they do not attempt to drink and drive during the program. Data will be regularly collected from interlock devices and reviewed by Roads and Maritime Services. If participants continue to attempt to drink and drive they may receive a letter from Roads and Maritime Services recommending they visit to their doctor to discuss how to separate drinking from driving. Participants who fail to show that they can safely separate drinking and driving may be referred to a Fitness to Drive Assessment. This may result in Roads and Maritime extending the period of their interlock program.
