If you have been convicted of a "mandatory interlock offence" and an exemption order is not applicable, you will be disqualified from driving for a period of time before being allowed to return to the roads with a device fitted to your vehicle which requires you to blow into it and register a nil alcohol reading for the vehicle to start.
Through Service NSW, you will be required to install the interlock device with an accredited provider. The interlock device will cost approximately $2,500 a year to install and maintain.
What is a "Mandatory Interlock Offence"?
The following offences are "Mandatory Interlock Offences" in which a mandatory interlock order must be made unless an exemption order is made:
Second or subsequent offence of novice or special range drink driving;
Second or subsequent offence of low range drink driving;
Mid-range drink driving;
High-range drink driving;
High-range or middle-range drink driving while present in person's oral fluid, blood or urine a prescribed illicit drug;
Drive under the influence of alcohol;
Refuse to provide a breath analysis;
Refuse to provide a blood sample when required to do so;
Each of the offences have different disqualification periods and interlock periods, particularly depending on whether the offences is a second and subsequent offence.
What is an "Interlock Exemption Order"
An "Interlock Exemption Order pursuant to section 212 of the Road Transport Act exempts a person from having to have an interlock device.
However, that person will have to serve a longer disqualification period.
A court may make an order if the offender proves to the court's satisfaction:
That the offender does not have access to a vehicle; or
That the offender has a medical condition preventing them from providiing a sufficient breath sample to operate an interlock device; or
Only in the case of a person guilty of a first offence mid range drink drive or mid range drink drive with illicit drug present in system, that the making of the mandatory interlock order would cause severe hardship to the offender and that the making of the interlock exemption order is more appropriate in all the circumstances.
Acess to a vehicle is defined to include where a person shares the use of a vehicle with a registered owner of a vehicle and it is reasonable in all the circumstances to install an interlock device in the vehicle.
Specifically section 212(5) states that an interlock exemption order must not be made mereley because an offender cannot afford the cost of installing or maintaing the interlock device, will be prevented from driving a vehicle in the course of their employment, or because the registered owner of the vehicle refuses to consent to the installation of the interlock device.
The examples given in the legislation include where the offender's spouse is the registered owner refuses to give consent and where the offender owns a chauffer-driven limousine business.
Interlock Proceedings
It is important that your lawyer is well aware of the alcohol interlock program if you are charged with a mandatory interlock offence. You will need to decide if you have the basis for applying for an interlock exemption order and even if you do whether it is in your best interests to do so.
John Vizzone is a barrister who is has appeared in numerous drink driving and mandatory interlock offence matters. Should you wish to discuss your case with him, please contact 0416167690 or email johnvizzone@marburychambers.com.au
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