Mandatory interlock penalties explained

Drink Driving and Defending Mandatory Interlock Penalties

What is an Interlock device?

Interlock devices are linked to a vehicle’s ignition system and can be fitted to cars, motorbikes or heavy rigid vehicles. To start the vehicle, the driver must blow into the Interlock device. In other words, it works in a similar way to a breath test. However, the vehicle will only start if there is no trace of alcohol in the breath sample. Interlock devices also contain a camera to ensure only the driver is performing the test.

Interlock devices must be fitted by qualified professionals at your own cost. They also require regular servicing. If you don’t fit the device to your vehicle, you will be automatically disqualified from holding a driver licence for 5 years from the date of conviction.

3 Grounds for requesting an exemption

You may ask the Court to make an exemption order so you don’t need to have an Interlock device installed. To obtain an exemption order, you need to show:

1. That you don’t have access to a vehicle in which to install the device OR

2. You have a diagnosed health condition that prevents you from providing a proper breath sample OR

3. The mandatory Interlock order would cause you severe hardship and it is your first mid-range drink driving conviction.

However, if you successfully obtain an exemption, you will usually have a significantly longer licence disqualification period imposed. That’s why we work with you to determine the best option for you to take given your particular circumstances.

Are you or someone you know facing mandatory Interlock penalties for drink driving charges?

We are experts in all aspects of traffic offence charges and will fight hard to get the best results for your particular situation. If you or someone you know are facing mandatory installation of an Interlock device in NSW, get in touch with us here.

FAQ

Are you facing legal issues and have questions about how to proceed?

Our law firm has compiled a comprehensive list of frequently asked questions (FAQs) to help guide you through the legal process.