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 have Mandatory Interlock Orders?

The court must make a Mandatory Interlock Order if you are convicted of the following offences:

• Novice Range (2nd and subsequent offence)
• Special Range (2nd and subsequent offence)
• Low Range  (2nd and subsequent offence)
• Mid range
• High Range
• Drive Under the Influence (DUI)
• Refuse/fail to provide a breath analysis or blood sample
• Combined drink and drug driving offences

How long are the interlock orders for?

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

Other Interlock Offences

The court can also make a 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.

These orders are not Mandatory like they are for other offences, but the Court will consider whether to make an Order. The minimum Interlock Order is 36 months.

Speak Directly To a Lawyer Now

1300 038 223

Or have our lawyers call you:

• FacebookThis field is for validation purposes and should be left unchanged.
• Name*
• Phone*
• This field is hidden when viewing the formMarketingSource

Exemptions to Mandatory Interlock Orders

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.

Exemption test for first Mid Range PCA offences You can apply for an exemption from the Mandatory Interlock Scheme if:

• 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; or
• 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.

For all other offences:

You can apply for an exemption order if:

• 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.

Exemption applications must be supported by sufficient evidence, and it is a good idea to get a lawyer to assist you with this process.

If you are granted an exemption from the Interlock Program, you will be disqualified from driving for longer than you would have been if you participated in the program.

The disqualification periods for offences where the offender has successfully applied for an exemption are:

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

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