What is the alcohol interlock and will I have to get one?
For most mid- and high-range drink-driving offences the court makes a mandatory alcohol interlock order. Here is how the device and the program work.
Interlock: A breathalysing device fitted to your car that only starts it if no alcohol is detected in your breath — sometimes ordered for drink driving.
- An interlock order requires an approved breath-test device fitted to your car for a set period.
- Important: if an interlock order IS made, your licence disqualification is usually much SHORTER (then the interlock period applies). The long disqualification periods only apply if you get an exemption from the interlock. For example, for a first mid-range PCA the usual outcome is a short disqualification (minimum 3 months) followed by a 12-month interlock period.
- Exemption grounds are narrow: (a) you have no access to any vehicle to fit a device, or (b) a diagnosed medical condition prevents you giving a sufficient breath sample. A 'severe hardship' ground is available if you can prove the program will cause extreme harm to you or your family, and there are no work-arounds available. However, this ONLY applies to a first mid-range PCA, or a first combined middle-range alcohol-and-drug offence. The cost of the device and losing your job are expressly NOT grounds. Raise any exemption BEFORE you are sentenced.
Want to know what this means for you?
The free guide walks your own charge through to court, step by step. For advice about your matter, speak to Hanna Legal.
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