Drivers convicted of serious drink driving offences in NSW may be ordered to take part in the Alcohol Interlock Program. The Alcohol Interlock Program requires drivers be restricted to driving vehicles with alcohol interlock devices for a period of time when they return to driving
All drivers convicted of high-range drink driving, repeat drink driving offences , and other serious drink-driving offences are required to patriciate in the Alcohol Interlock Program.
The program also now applies to drivers convicted of middle-range drink-driving.
When the court is sentencing an offender, the court will generally make the following orders:
- The court will set a minimum licence disqualification period, and
- The court will set period of participation in the interlock program (at least 12 months).
The length of the minimum disqualification and interlock period depend on the offence type. Longer periods apply for the most serious offences.
The Court may grant an exemption from participating in the interlock program, but only in limited circumstances.
A person who receives an interlock order and does not enter the interlock program will be disqualified from holding a licence (other than a learner or interlock licence) for a period of five years from the date of their conviction.
Interlocks are electronic breath testing devices linked to the ignition system of cars or motorbikes.
Drivers must provide a breath sample that the interlock analyses for the presence of alcohol before the vehicle will start.
If a positive sample is detected, the vehicle will not start. Randomly timed breath tests must also be passed during a journey. The interlock also includes a camera and takes a photograph of the person providing the breath sample to reduce the risk of a driver circumventing the program.
There are costs associated with installing and servicing alcohol interlocks must be paid by the participant. Further information about this can be obtained from the RMS website.
The court can vary the length that a driver is required to participate in the Alcohol Interlock Program.
It is therefore important to get the right legal advice to get the best court result. At Peak Law Group we help you get back on the road as soon as possible.
The lawyers at Peak Law Group are solicitors and barristers. We offer the services of expert criminal defence lawyers who can fight to get the best result in your case.
Peak Law Group regularly appears in all criminal jurisdictions, from the Supreme Court, District Court and Local Court. We regularly appear in all court registries including Sydney and the Downing Centre, Sutherland, Liverpool, Bankstown, Burwood, Campbelltown, Wollongong, Port Kembla, Albion Park, Kiama and Nowra.
Don’t risk your future. Our experienced drink drive lawyers can provide you with the help you need to get the best possible result in your criminal case.