by Jones + AssociatesAlcohol Ignition Interlocks
A “penalty” which is imposed on persons convicted of certain offences but not often discussed is the Alcohol Ignition Interlock Program.
A person is subject to the Alcohol Ignition Interlock Program when they are convicted of “high-risk drink driving offences”, which includes:
- Drive, or attempt to put in motion or be in charge of a vehicle under the influence of alcohol;
- Drive, or attempt to put in motion or be in charge of a vehicle with a blood/breath alcohol concentration of:
- 10 or more
- Failing to provide a blood/breath specimen for analysis;
- Dangerous driving while affected by alcohol; or
- 2 or more drinking driving offences within the last 5 years.
Since 9 September 2021, persons who commit a “high-risk drink driving offence” will be subject to the performance-based interlock program.
Entry into performance-based interlock program
You are eligible to participate from the day after your driving disqualification ends or the day you are granted a restricted licence (work licence).
If you choose not to participate in the program, you will not be able to drive for 5 years from the end of your disqualification (or the date you were granted a work licence).
Participation in the program
There are 2 parts of the program:
- The learning period, for the first 8 months; and
- The performance period, for the final 4 months.
Throughout the whole period, you must comply with all rules, including:
- Hold a current licence with an interlock condition;
- Only drive a nominated vehicle with an interlock installed;
- Have a ‘no alcohol’ limit when driving;
- Attend all interlock service appointments; and
- Not attempt to tamper with or bypass the interlock.
If you don’t comply with the rules, the time in the program will be extended and you will be required to comply with the interlock program for longer.
There are several other requirements regarding complying with rules surrounding servicing your interlock device and verifying data.
Application to remove interlock
You can apply for an exemption to your interlock requirement to the Department of Transport and Main Roads if you meet a number of criteria. Those criteria include:
- If you live in a remote location;
- If you live on an island;
- If you have a medical condition which stops you from providing enough breath to operate an interlock; or
- You or your family member will experience severe hardship if you are not granted an exemption.
Jones + Associates can assist you with the preparation of this application if you are a person who meets one of the relevant criteria.