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Interlock driving licence

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Contact Armstrong Legal:
Sydney: 02 9261 4555
Canberra: 02 6288 1100

Lionel Rattenbury | Traffic Lawyer | Armstrong Legal
Nicholas Breen | Traffic Lawyer | Armstrong Legal
Sebastian De Brennan | Traffic Lawyer | Armstrong Legal
Richard Mayo | Traffic Lawyer | Armstrong Legal
Andrew Tiedt | Traffic Lawyer | Armstrong Legal
John Sutton | Traffic Lawyer | Armstrong Legal
Lisa-Claire Hutchinson | Traffic Lawyer | Armstrong Legal
John Meadley | Traffic Lawyer | Armstrong Legal
Justin Wong | Traffic Lawyer | Armstrong Legal

On 8 September 2003 the Alcohol Interlock Program commenced as a new penalty for Courts to use in sentencing of drivers convicted of certain serious drink driving offences. The Alcohol Interlock Program is designed to enable convicted drink drivers to continue to legally drive after serving a short period of disqualification. The exact period of disqualification depends upon the offence charged.

It also addresses underlying alcohol abuse issues through its requirement that the offender attends a mandatory brief medical consultation to discuss alcohol issues before the Interlock Driver Licence is issued.


How does the interlock device work?

An RTA approved Interlock Device is an electronic breath testing device wired to the ignition of a car to prevent the car from being started unless the driver passes a breath test. To reduce the potential for a bystanders to start the car the interlock device is programmed to require retests to be taken at random intervals. Should a driver fail a retest the interlock device is programmed to sound an alarm of horn and lights until the ignition is turned off. A breath test is then required to start the car. The interlock device is also programmed to immobilize the vehicle in response to fail breath tests.

Who is eligible for an interlock driving licence?

You may be eligible to participate in the program if you have been issued with a Court Attendance Notice for one of the following offences.

  1. Low-range PCA (if you have previously been convicted of a PCA offence within the last five years)
  2. Mid-range PCA
  3. High-range PCA
  4. Refuse or fail to submit to breath analysis.

How does the interlock penalty operate?

A Court that convicts a person of any of the offences mentioned above will have the discretion to order the Licence Disqualification be suspended if the person participates in the Interlock Program. The Court must issue 2 penalty orders. The first penalty order is for a full disqualification period for the offence. The second penalty order is the disqualification suspension order. The disqualification suspension order provides for a mandatory reduced disqualification period (known as the disqualification compliance period) followed by a period on an Interlock Device Licence (known as the Interlock participation period).

The offender may apply for an Interlock Device Licence within 28 days of the disqualification compliance period expiring. The Interlock participation period commences when the offender is issued with an Interlock Drivers Licence. The effect of the Interlock participation period is to suspend the remainder of the full disqualification period. On successful completion of the Interlock participation program the full disqualification period is deemed to have been served.

What is the minimum disqualification compliance period and interlock participation period?

Offences

1st or 2nd Offence
within 5 years

Disqualification Compliance
Period

1. DUI - Mid PCA

2. DUI - High PCA

3. Drive under the Influence

1st Offence

6 Months

4. Refuse Breath Analysis

.

.

.

.

.

1. High PCA

.

.

2. Drive under the Influence

2nd Offence

12 Months

3. Refuse Breath Analysis

.

.

Mid Range

2nd Offence

6 Months

.

.

.

1. Special PCA

2nd Offence

3 Months

2. Low PCA

2nd Offence

.

How long is the interlock driving licence program?

Offences

1st or 2nd Offence
within 5 years

Duration

1. DUI - Mid PCA

.

.

2. DUI - High PCA

.

.

3. Drive under the Influence (DUI)

1st Offence

24 Months

4. Refuse Breath Analysis

.

.

1. High PCA

.

.

2. Drive under the Influence

2nd Offence

48 Months

3. Refuse Breath Analysis . .
. . .
Mid Range

2nd Offence

24 Months

. . .
1. Special PCA

2nd Offence

24 Months

2. Low PCA

2nd Offence

12 Months

When can you apply for an interlock driving licence?

The law requires that you complete a disqualification compliance period before you are eligible for the interlock driving licence program.

How much does the interlock driving licence device cost?

  1. The installation of the device costs $150.
  2. The device costs $50 to be removed.
  3. The hire and service of the device costs $125 per month

Further information

After an order is made by the court the RTA will send you an Interlock information package that will contain full details of what you must do to obtain your interlock driving licence.



Traffic Lawyer Home page - Headings and Banner

Contact Armstrong Legal:
Sydney: 02 9261 4555
Canberra: 02 6288 1100

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