Mandatory Interlock Orders
In NSW, courts are required to make Mandatory Interlock Orders upon conviction of certain drink drive and traffic offences. If you commit one of the offences and are convicted, you will be disqualified from driving and ordered to install an interlock device in your car, motorbike or truck.
What is an interlock order?
An interlock order is an order made by the court when you are sentenced for certain offences. It is a court order that disqualifies you from driving and, after that disqualification period ends, requires you to obtain an “interlock drivers licence” and participate in the interlock program for a specified time.
Participation in the interlock program means that you must:
- Go to your GP for an assessment to obtain a drink-less medical certificate. This must be done within the last 4 weeks of your disqualification period;
- have an interlock device installed in your car by an approved provider;
- blow into the device and register a nil alcohol reading to start your car;
- Blow into the device and register a nil alcohol reading at random times while you are driving your car; and
- Drive no other car for the duration of the program.
If the device detect alcohol on your breath, the car’s engine will turn off and you won’t be able to re-start the car. The device also keeps a log of when this occurs which can be viewed by police and can lead to further charges.
Limited exemptions apply to the program. If you are not granted an exemption by the court and you cannot or do not comply with the interlock order then you will be disqualified from driving for 5 years.
What offences have Mandatory Interlock Orders?
The court must make a Mandatory Interlock Order if you are convicted of the following offences:
- Novice Range (2nd and subsequent offence)
- Special Range (2nd and subsequent offence)
- Low Range (2nd and subsequent offence)
- Mid range
- High Range
- Drive Under the Influence (DUI)
- Refuse/fail to provide a breath analysis or blood sample
- Combined drink and drug driving offences
How long are the interlock orders for?
The table below outlines the length of time you must be on the interlock program:
| Offence | Minimum time off the road | Maximum time off the road | Minimum time in interlock program |
| Novice Range, Special Range or Low Range (second offence) | 1 months | 3 months | 12 months |
| Mid Range | 3 months | 6 months | 12 months |
| Mid Range (second offence) | 6 months | 9 months | 24 months |
| High Range | 6 months | 9 months | 24 months |
| High Range (second offence) | 9 months | 12 months | 48 months |
| DUI (alcohol related) | 6 months | 9 months | 24 months |
| DUI (alcohol related) (second offence) | 9 months | 12 months | 48 months |
| Refuse/fail to provide breath analysis | 6 months | 9 months | 24 months |
| Refuse/fail to provide breath analysis (second offence) | 9 months | 12 months | 48 months |
| Combined Novice Range, Special Range or Low Range with prescribed illicit drug presence (second offence) | 1 months | 3 months | 12 months |
| Combined Mid Range with prescribed illicit drug presence (first offence) | 3 months | 6 months | 12 months |
| Combined Mid Range with prescribed illicit drug presence (Second offence) | 6 months | 9 months | 24 months |
| Combined High Range with prescribed illicit drug presence (first offence) | 6 months | 9 months | 24 months |
| Combined High Range with prescribed illicit drug presence (second offence) | 9 months | 12 months | 48 months |
Other Interlock Offences
The court can also make a Interlock Order if you are convicted of:
- Dangerous driving occasioning death;
- Dangerous driving occasioning GBH;
- Aggravated dangerous driving occasioning death; or
- Aggravated dangerous driving occasioning GBH.
These orders are not Mandatory like they are for other offences, but the Court will consider whether to make an Order. The minimum Interlock Order is 36 months.
Speak Directly To a Lawyer Now
Or have our lawyers call you:
Exemptions to Mandatory Interlock Orders
An “Exemption Order” is an order that exempts you from having to have an interlock device in your vehicle. The test for an Exemption Order depends on what offence you have been charged with.
Exemption test for first Mid Range PCA offences You can apply for an exemption from the Mandatory Interlock Scheme if:
- you do not have access to a car; or
- you have a medical condition preventing you from providing a sufficient sample of breath, and the interlock device cannot be reasonably modified; or
- the making of a mandatory interlock order would cause severe hardship to the offender; and
- the making of an interlock Exemption Order is more appropriate in all the circumstances than the making of a mandatory interlock order.
For all other offences:
You can apply for an exemption order if:
- you do not have access to a car; or
- you have a medical condition preventing you from providing a sufficient sample of breath, and the interlock device cannot be reasonably modified.
To prove that you do not have access to a car you must show that:
- you are not a registered operator of a car;
- you are not an owner or part owner;
- you do not share a car with a registered operator;
- you do not share a car with an owner or part owner; or
- if you are any of the above, that it is unreasonable to install a device.
Exemption applications must be supported by sufficient evidence, and it is a good idea to get a lawyer to assist you with this process.
If you are granted an exemption from the Interlock Program, you will be disqualified from driving for longer than you would have been if you participated in the program.
The disqualification periods for offences where the offender has successfully applied for an exemption are:
| Offence | Automatic disqualification if no interlock | Minimum disqualification if no interlock |
| Novice Range, Special Range or Low Range (second offence) | 12 months | 6 months |
| Mid Range | 12 months | 6 months |
| Mid Range (second offence) | 3 years | 12 months |
| High Range | 3 years | 12 months |
| High Range (second offence) | 5 years | 2 years |
| DUI (alcohol related) | 3 years | 12 months |
| DUI (alcohol related) (second offence) | 5 years | 2 years |
| Refuse/fail to provide breath analysis | 3 years | 12 months |
| Refuse/fail to provide breath analysis (second offence) | 5 years | 2 years |
| Combined Novice Range, Special Range or Low Range with prescribed illicit drug presence (second offence) | 12 months | 6 months |
| Combined Mid Range with prescribed illicit drug presence (first offence) | 12 months | 6 months |
| Combined Mid Range with prescribed illicit drug presence (Second offence) | 3 years | 12 months |
| Combined High Range with prescribed illicit drug presence (first offence) | 3 years | 12 months |
| Combined High Range with prescribed illicit drug presence (second offence) | 5 years | 2 years |
An application for an exemption must be made to the court when you are being sentenced for the offence.
For advice or representation in any legal matter, please contact Armstrong Legal.
This article was written by Angela Cooney
Angela Cooney is the National Practice Director of Criminal Law at Armstrong Legal and is an Accredited Criminal Law Specialist. Angela is a confident and formidable advocate for her clients. She commonly appears in very complex and serious matters but is able to assist clients with all kinds of criminal and traffic offences. Angela is an experienced court advocate having...
Common Questions about Interlock Orders
Once an order is made you must have an interlock device installed in your car, motorbike or truck by an approved provider. An approved provider is a company authorised by the government to install interlock devices. You must return to your installer once a month to have the device monitored and recalibrated.
All drivers on the interlock program must have zero alcohol in their breath when driving a car.
The interlock device will take a photograph and store data of any attempt to drive with alcohol in your breath. This data is reviewed by Transport for NSW and the agency may take further action. The RMS can issue warning letters, require you to undertake further medical assessments, require you to complete a fitness to drive assessment, extend the interlock program or suspend your licence.
The police may also charge you with a further offence if there is sufficient evidence.
If you do not take up the Interlock Program at the end of your disqualification period, your disqualification period will increase to a period of 5 years – no matter what the offence was that you convicted.
You can still get an interlock device fitted at any point in time after you finish your initial court ordered disqualification period and get an interlock licence – so it doesn’t matter if you are a little late or very late applying to do this. But if you do not do anything, your disqualification period will default to five years. Help! I don’t want to/can’t do the interlock program but I have already been sentenced!
If you did not apply for an get an exemption from the program at the time of your sentence, the only way to get out of the interlock order is to appeal. There are strict timeframes for appealing the Local Court decision – it needs to be done 28 days from the date of the sentence, or, you can make an application for leave to appeal within 3 months from the date of the sentence.
We can help you do this. You don’t need to go back to Court, but you will need some assistance communicating with Transport for NSW to get into the program. You will still need to serve some of your disqualification period before you can get into the program. We can let you know when you will be eligible to get the interlock.
No. If you do not complete the interlock program, your disqualification period will default to 5 years.
At the services of your interlock device, the data will be examined to ascertain any violations. Failed breath tests (even at low range) can result in Transport for NSW determining that you need to undergo an Interlock Medical Examination (IME) with a doctor before your interlock condition can be removed. This examination is conducted in accordance with the Austroads Assessing Fitness to Drive guidelines. Based on the outcome of this examination and the review of your interlock data, Transport for NSW can extend your interlock period for a further six months. At the end of this period, you will need to undertake another mandatory interlock examination before you can complete the program.
In addition, if there is sufficient evidence, you could be at risk of being charged with additional offences which would require you to go back to court.
Apart from being charged with breaching your interlock licence, there are specific offences for:
- Tampering with or otherwise interfering with an interlock
- Refusing to allow a police officer to inspect an interlock
- Getting another person to assist you to start a vehicle with an interlock (for example, by providing a breath sample to start the vehicle for you).