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.
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Interlock
Periods for all
licence loss cases
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Your
latest reading
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1st
offence
|
2nd
offence*
|
3
or more offences*
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Under
0.15%
|
At
least 6 months
|
At least
12 months
|
At least
4 years
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0.15%
or more,
Refusals.
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At least
6 months
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At least
4 years
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* 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
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Your
latest reading
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1st
offence
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2nd
offence
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3
or more offences
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Under
0.07%
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No
Interlock applicable
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At
least 12 months
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At
least 4 years
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0.07%
to 0.149%
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P-Platers:
at least 6 months.*
Under 26 y.o.: at
least 6 months*
All Others:
Discretionery 6
months.
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0.15%
or more,
Refusals.
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At
least 6 months
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At
least 4 years
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*
Asterixed provisions apply to
offences committed after 1 January
2007 only.
Interlock
Periods for offences
committed between
13.5.2002 and
9.10.2006
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Your
latest reading
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1st
Offence
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2nd
Offence
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3
or more offences
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Under
0.15%
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No
interlocks
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At least
6 months
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At least
3 years
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0.15%
or more, Refusals
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Optional
6 months
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At least
3 years
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