Driver Licensing – Alcohol Interlock Condition

Driver Licensing – Alcohol Interlock Condition

If you or someone you know is facing a DUI charge, then depending on a few different factors, you may be deemed by the courts to be an ‘alcohol offender’ and by extension, made subject to an alcohol ‘interlock condition’. This means that upon any subsequent grant of an extraordinary licence or upon your disqualification ending, that you will require an alcohol interlock device fitted into your vehicle.

An interlock condition will only then be removed from your licence when you have participated for a minimum period of time (which will again depend on a few different factors) and demonstrated the separation of drinking and driving behaviour for a continuous 180 day period immediately prior to exiting the scheme by satisfying all the requirements of the scheme.

Once fitted into your vehicle, the interlock device will require the driver to provide a breath sample with a blood alcohol content below 0.02% BAC before the vehicle will start. Randomly timed breath tests must also be provided and passed during a journey. It is an offence to tamper with an interlock device or attempt to circumvent it and doing so attracts a fine of up to $2,500.

Further, if you are made subject to an interlock condition there are additional fees which will be payable to the Department of Transport (approximately $170), and to the actual interlock provider (which vary from provider to provider) who you contract with to install and monitor the interlock device in your vehicle.

Finally, a couple of common questions we get asked are whether you can have more than oneinterlock device (if you drive more than one vehicle) and whether another person can drive the vehicle once the interlock device is fitted. The answer to the first question is yes, but you will have to pay for each device and only one will be monitored for the purposes of the scheme. The answer to the second question is also yes, but if that person blows a reading which records alcohol on his or her breath, it will be treated as though you were the person providing the sample of breath.

In any event, if you’ve read this far and still have queries or if you think that you may need some help with your matter, then now is probably the time to get in touch. Austral Legal can help and we offer an initial discounted 30-minute SmartMove appointment for $80 (by phone or in person). Beyond that initial appointment we will usually be able to offer you a fixed fee for any further work which may be required, so that if you choose to go-ahead with our services, you will know what your legal costs will be up front. Bookings can be made online through our website or by phoning the office on 08 9745 9550.