The NSW Alcohol Interlock Program allows someone who has been convicted of a certain drink driving offence to continue driving after having served a reduced disqualification period, rather than having to “stay off the road” for the entire court-ordered disqualification period.

When a person is convicted for a major drink driving offence, the Magistrate may make a finding that the person is suitable for the interlock program and order that part of the disqualification period be suspended if the person participates in the program.

In practice, a Court will order an overall disqualification period and make an “interlock order”, ordering that the driver is suitable to participate in the interlock program. This then means that the driver will be able to serve out a reduced disqualification period, known as the compliance period, and then the remainder of the court-ordered disqualification period will be suspended on the condition that the driver participates in the interlock program for a particular period (the interlock participation period).

The Interlock Device

The interlock program allows a driver to drive a vehicle fixed with an interlock device during the interlock participation period; ie, the remainder of the court-ordered disqualification period.

The interlock device prevents a vehicle from starting unless the driver passes a breath test. The driver is also required to take tests at random intervals while driving. If these tests are failed, the alarm (horn) will sound until the ignition is switched off. The vehicle will not start until the test is retaken and passed.

Eligibility for the Interlock Programme

To be eligible for the Interlock Program after a court has made the relevant order, a prospective participant must obtain an Interlock Licence. To obtain an Interlock Licence, the following requirements are to be met:

– Completed the reduced (compliance) period

– Had an approved interlock device installed (certificate provided by installer)

– Participated in a medical consultation relating to alcohol consumption (certificate provided by medical practitioner)

A participant can commence an application for an interlock licence no earlier than 28 days prior to the conclusion of the compliance period, however, cannot be issued a licence until the period is over. The certificates are to be submitted with the Application. (If the above certificates are obtained more than 28 days prior to the conclusion of the compliance period, they will be deemed invalid by the RTA). The participant will then only be able to drive a vehicle fitted with an interlock device.

Disqualification periods

A Magistrate will make two orders with respect disqualification. The first will be the overall disqualification period, which is to be completed by the convicted person if the election for an interlock license is not later made. The second is the interlock order, which will suspend part of the disqualification period in the event that the convicted person obtains an interlock license. The compliance period pertaining to each offense is fixed by legislation. The minimum interlock participation periods are also fixed by legislation, however, a court can order an extended participation period. On completion of the interlock participation period, the convicted person will be taken to have completed the original full disqualification ordered by the court.

If an interlock order is made, an offender can choose not to participate in the program and instead serve the full disqualification period.

Author Bio: Emmanuel Apokis has many years experience in Traffic Law working with the experienced Traffic Lawyers at Prime Lawyers in Sydney.

Category: Legal
Keywords: