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Interlocks in Victoria
Alcohol Interlocks

 

Interlock Conditions

Interlock devices are breath test machines hard wired onto the ignition system of your vehicle. They will not allow the vehicle to start unless a 0.00% breath sample is provided.

Interlock conditions are now mandatory for every person who loses their licence for a drink driving offence committed from 1/10/2014.   Your new licence will permit you to drive a motor vehicle only if the vehicle has an authorised interlock device installed in it.

Interlock conditions are not imposed when the court sentences you. They are imposed by VicRoads when you apply to get a new drivers licence at the end of your disqualification period. If you want to avoid the mandatory interlock laws, then you need to avoid being found guilty of drink driving.

interlock


Interlock Periods for all licence loss cases
Your latest reading
1st offence
2nd offence*
3 or more offences*

Under 0.15%

At least 6 months

At least 12 months

At least 4 years

0.15% or more,

Refusals.

At least 6 months

At least 4 years

* within the past 10 years

Every person who loses their licence for a drink driving related offence committed after 1 October 2014 will have an interlock condition imposed when they re-apply for a new licence at the end of their disqualification period. This applies to you no matter what the date of your latest offence was. You will not be able to apply for an exemption. If your drink driving offence was prior to 1 October 2014 you might be able to apply to VicRoads for an exemption if at the time of your offence an interlock condition was not mandatory for you - see the historic tables below.

When you have a licence with an Interlock Condition, you need to have an interlock installed in a vehicle and you need to use it. If you remove the interlock, or you cease using it, VicRoads will suspend your licence and you will be unable to progress through the interlock program.


First time offenders

If you have lost your licence as a result of a drink driving offence and it is your only drink driving conviction in the past 10 years then VicRoads will automatically impose a 6 months interlock condition on your licence. The period of ten years is calculated from the date of conviction to the date of the application for a licence. The period of 6 months is counted from the date you are granted your licence. Prior convictions older than 10 years must be ignored.


Repeat offenders

For repeat offenders the length of the interlock period depends on how many drink driving convictions you have that are less than 10 years old. In drink driving law, there is no distinction between a finding of guilt and a conviction - they mean exactly the same thing and the words are often used interchangeably.

The date you were found guilty of any old offence is the relevant date in determining whether or not the prior offence will be counted. If more than 10 years have passed since the date you were found guilty of a drink driving offence then that earlier offence will not be counted as a prior offence - see s.50AA Road Safety Act 1986.  If your licence was cancelled because of an Infringement Notice, then you were found guilty 28 days after the date of the infringement notice. If your licence was cancelled by a court, the relevant date is the date the court found you guilty of the drink driving offence, even if sentencing was adjourned to a later date. 

Your most recent offence is always counted, and any conviction that is less than 10 years old is always counted. Prior convictions older than 10 years must be ignored.  Sometimes it is better to delay applying for re-licencing if the passing of time will see an old prior conviction become more than 10 years old and thus reduce the length of your interlock condition.


Avoiding an Interlock

The only way to avoid getting an interlock condition on your licence is to avoid losing your licence for a drink driving offence. So you should be pleading not guilty to your drink driving charges if you wish to avoid an interlock condition being imposed on your licence.


Cost

There are several providers of interlocks and they set their own fees. Typically there is an installation fee, a monthly service fee and a removal fee. Expect about $220 per month.


Interlock removal

Anyone with an interlock condition on their licence will need to apply to VicRoads to get the condition removed. You can not apply for removal until the minimum period has passed. You need to see VicRoads 28 days prior to the date you want your condition to be removed to ensure you comply with all the preliminary steps.

VicRoads will not remove an interlock condition from your licence until you have produced satisfactory reports of interlock use for the minimum mandatory interlock period.


Zero Condition

All drivers who have an interlock condition on their licence are subject to a 0.00% prescribed alcohol limit for a period of 3 years from the date they are given permission to be relicenced, or for the duration of the interlock period, whichever is longer.


Interlock Offences

If you drive a motor vehicle prior to getting permission to be relicenced, you will be charged with driving whilst unlicensed and you risk getting a further period of licence cancellation. 

If you have an interlock condition on your licence and you drive any motor vehicle (which is used or designed to be used on a road) while it is not fitted with an interlock - regardless whether you drive it on a public road or on private property and regardless whether the vehicle is capable of being registered -  or you drive with an interlock that has been tampered with, you will be charged with driving in breach of an interlock condition. This carries maximum penalties of more than $4200 and 4 months imprisonment, optional licence loss and optional vehicle immobilisation for up to 12 months.

If you want to drive more than one vehicle then you will need more than one interlock.


Legal Assistance: Most applicants can complete all the relicencing steps without the need to engage a lawyer. However, some cases are exceptional and can benefit from legal assistance.  If you fail in your application to be relicenced, or fail to have an interlock removed, or desire to avoid having an interlock fitted, you may wish to seek legal assistance. 

There is no right of appeal against VicRoads' decision to impose an interlock condition or refuse to remove an interlock. However, if VicRoads has unlawfully imposed an interlock condition, or unlawfully refused to remove it, then you can seek judicial review in the Supreme Court.



Historic Interlock Tables

The following tables are included for archive purposes, and they may apply to people who have old offences and are now applying to be relicensed for the first time, and wish to apply for an exemption from an interlock condition.

Interlock Periods
for offences committed between 10.10.2006 and 30.9.2014
Your latest reading
1st offence
2nd offence
3 or more offences

Under 0.07%

No Interlock applicable

At least 12 months

At least 4 years

0.07% to 0.149%

P-Platers: at least 6 months.*
Under 26 y.o.: at least 6 months*
All Others: Discretionery 6 months.

0.15% or more,

Refusals.

At least 6 months

At least 4 years

* Asterixed provisions apply to offences committed after 1 January 2007 only.


Interlock Periods for offences committed between 13.5.2002 and 9.10.2006
Your latest reading
1st Offence
2nd Offence
3 or more offences

Under 0.15%

No interlocks

At least 6 months

At least 3 years

0.15% or more, Refusals

Optional 6 months

At least 3 years





Related Pages:

Relicensing process
Drink Driving FAQ
Drink Driving Penalties

Related Links:

VicRoads Interlock Brochure

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