Drivers who are convicted of high-range, middle-range, repeat and combined drink and drug driving offences in New South Wales are required to have an interlock device fitted to their vehicle. An interlock device is installed and linked to the ignition of a vehicle and in order for the vehicle to start, the driver must provide the device with an alcohol free sample of breath. An interlock device is a permanent fixture in each vehicle and cannot be moved from vehicle to vehicle. Further, the device captures a photograph of the driver who provides the sample of breath and drivers will need to additionally provide further samples of breath randomly during each journey. These strict measures are in place in order to prevent circumvention of the program, which enforces the nature and seriousness of drink and drug driving offences.
Upon conviction, the Court will order both a minimum licence disqualification period and a minimum of 12 months participation in the interlock program as set out under section 211 of the Road Transport Act 2013 (NSW). The period of licence disqualification and participation in the interlock program will vary dependent on the severity of the offence committed and the circumstances of each case.
If a person who has been ordered by the Court to participate in the interlock program fails to comply with the order, they will be disqualified from holding a licence for five years. Additionally, the Court has the power to grant an exemption from participation in the interlock program, however, these exemptions are only granted in limited circumstances as set under section 212 of the Road Transport Act 2013 (NSW).
If you have been charged with a drink or drug driving offence contact our criminal law team on 9525 8688 or wmd@wmdlaw.com.au for thorough, knowledgeable and professional representation to ensure the best outcome for your circumstances.
