Mandatory Interlock Orders

In NSW, courts are required to make Mandatory Interlock Orders upon conviction of certain drink drive and traffic offences. If you commit one of the offences and are convicted, you will be disqualified from driving and ordered to install an interlock device in your car, motorbike or truck.

What is an interlock order?

An interlock order is an order made by the court when you are sentenced for certain offences. It is a court order that disqualifies you from driving and, after that disqualification period ends, requires you to obtain an “interlock drivers licence” and participate in the interlock program for a specified time.

Participation in the interlock program means that you must:

• Go to your GP for an assessment to obtain a drink-less medical certificate. This must be done within the last 4 weeks of your disqualification period;
• have an interlock device installed in your car by an approved provider;
• blow into the device and register a nil alcohol reading to start your car;
• Blow into the device and register a nil alcohol reading at random times while you are driving your car; and
• Drive no other car for the duration of the program.

If the device detect alcohol on your breath, the car’s engine will turn off and you won’t be able to re-start the car. The device also keeps a log of when this occurs which can be viewed by police and can lead to further charges.

Limited exemptions apply to the program. If you are not granted an exemption by the court and you cannot or do not comply with the interlock order then you will be disqualified from driving for 5 years.

What offences will always result in a Mandatory Interlock Order?

The court must make a Mandatory Interlock Order if you are convicted of certain serious driving and alcohol related offences, including:

• Refuse or fail to provide a sufficient sample for analysis;
• Drive with Mid Range PCA;
• Drive with High Range PCA;

The court may make a Mandatory Interlock Order if you are convicted of:

• Dangerous driving occasioning death;
• Dangerous driving occasioning GBH;
• Aggravated dangerous driving occasioning death; or
• Aggravated dangerous driving occasioning GBH.

The court must also make a Mandatory Interlock Order for some offences if you have been convicted of a certain other offence within 5 years.

When else will a court impose a mandatory interlock order?

The court must make an order if you are convicted of any of the following offences:

• Drive with Novice Range PCA;
• Drive with Special Range PCA;
• Drive with Low Range PCA;
• Drive with Mid Range PCA; or
• Drive under the influence of alcohol or other drug

AND in the previous 5 years you were also convicted of any of the following offences:

• Drive with Novice Range PCA;
• Drive with Special Range PCA;
• Drive with Low Range PCA;
• Drive with Mid Range PCA;
• Drive with High Range PCA;
• Drive under the influence of alcohol or other drug; or
• Refuse or fail to provide a sufficient sample for analysis.

How long are the interlock orders for?

The table below outlines the length of time you must be on the interlock program:

What happens if I try to drive the car after I’ve been drinking?

All drivers on the interlock program are treated as “novice” drivers. This means they are the equivalent of provisional licence holders and must have zero alcohol in their breath when driving a car.

The interlock device will take a photograph and store data of any attempt to drive with alcohol in your breath. This data is reviewed by Transport for NSW and the agency may take further action. The RMS can issue warning letters, require you to undertake further medical assessments, require you to complete a fitness to drive assessment, extend the interlock program or suspend your licence.

The police may also charge you with a further offence if there is sufficient evidence.

Exemptions

An “Exemption Order” is an order that exempts you from having to have an interlock device in your vehicle. The test for an Exemption Order depends on what offence you have been charged with. If you have been charged with a Mid Range PCA first offence or second or subsequent offence, then the test differs.

Under the exemption test for Mid Range PCA, you must prove that:

• the making of a mandatory interlock order would cause severe hardship to the offender; and
• the making of an interlock Exemption Order is more appropriate in all the circumstances than the making of a mandatory interlock order.

Under the exemption test for all other offences, you must prove that:

• you do not have access to a car; or
• you have a medical condition preventing you from providing a sufficient sample of breath, and the interlock device cannot be reasonably modified.

To prove that you do not have access to a car you must show that:

• you are not a registered operator of a car;
• you are not an owner or part owner;
• you do not share a car with a registered operator;
• you do not share a car with an owner or part owner; or
• if you are any of the above, that it is unreasonable to install a device.

You are only granted an exemption from the interlock program. You will still have to serve the disqualification period if the exemption is granted.

An application for an exemption must be made to the court when you are being sentenced for the offence.

How do I have the interlock device installed?

Once an order is made you must have an interlock device installed in your car, motorbike or truck by an approved provider. An approved provider is a company authorised by the government to install interlock devices. You must return to your installer once a month to have the device monitored and recalibrated.

For advice or representation in any legal matter, please contact Armstrong Legal.