Interlock Orders and Devices
Mandatory Interlock Scheme
If you are conviction of some of the more serious drink driving offences, you will be required to participate in the Mandatory Interlock Scheme.
This program, generally, involved the installation of a device into your vehicle which will only start once a zero-blood alcohol reading is registered. The vehicle will not otherwise turn on. The device must be installed by an expert and must be maintained by the person.
If an interlock order is made, usually the person who the order relates to will be required to firstly serve a period of disqualification from driving, following which the device If an interlock order is made, usually the person who the order relates to will be required to firstly serve a period of disqualification from driving, following which the device must be installed into their vehicle. A failure to install the device would mean the person is automatically disqualified for a period of 5 years. There is no avenue of appeal regarding this period of 5 years.
Are there exemptions to installing the interlock device?
In short, yes. Section 212(3) of the Road Transport Act 2013 states that a court may make an interlock exemption order only if the person proves to the court’s satisfaction:
- that the person does not have access to a vehicle in which to install an interlock device, or
- that the person has a medical condition diagnosed by a registered medical practitioner that prevents the person from providing a sufficient breath sample to operate an approved interlock device and it is not reasonably practicable for an interlock device to be modified to enable the person to operate the device, or
- if the person is convicted of an offence of mid-range drink driving, that the making of a mandatory interlock order would cause severe hardship to the person, and that the making of an interlock exemption order is more appropriate in all the circumstances than the making of a mandatory interlock order.
Our experienced traffic lawyers are here to assist you with you drink driving charges, and can clearly explain to you how immediate licence disqualifications operate, and how interlock devices work. Contact us now.
Page Author: Saba Rezae - Traffic Lawyer Sydney
Saba Rezae is our Principal Lawyer and founder of Rezae & Co Lawyers who has practised exclusively in criminal and traffic law for several years. His exceptional results and ability to provide legal service at the highest standard saw him head-hunted by the largest specialist criminal law firms in NSW and was quickly promoted to Senior Lawyer before establishing his own practice.
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