An alcohol interlock is a device attached to your vehicle that prevents a vehicle from starting if the driver has had any alcohol. It measures and records breath alcohol levels, with a special blowing apparatus used prior to every vehicle use. This is put in place due to drink-driving penalties on the pathway to get your licence back.
If you cannot afford or can’t use an interlock device, and need legal support behind your application or appeal, contact Vanessa Ash.
Costs of an interlock device
An interlock device hire costs about $150 per month, with concessions available for health care card holders. The companies running this are private, and profit from your drink driving. The government does not run this, nor does it run the driver education courses, that you will also pay several hundred dollars for.
From 30 January 2015, everyone on the program will pay a cost recovery fee of $40.80 per month per alcohol interlock. The fee is to run the program, and is collected as part of your monthly rental fee.
Interlock installation, maintenance, etc.
You will be charged for the installation, monthly rental, servicing, removal and other costs. This can add up, so find out all costs ahead of time, and shop around for the best deal from all registered interlock providers.
Why is an interlock used?
These are devices that have become mandatory for some drink driving offences. If your licence was cancelled due to drink driving, at your court hearing with the Magistrate (or VicRoads), a condition may be imposed that you must have an interlock device. It is a punishment and deterrent.
The period of time may be the minimum for your offence, or a longer time may be imposed at the discretion of the judge, based on the events surrounding your offence. After 30 September 2014, anyone disqualified from driving due to drink-driving offences must have an interlock fitted for at least six months to get their licence back. Read more about the changes to drink-driving laws here.
Interlocks now take photos
From 30 January 2015, alcohol interlocks have cameras will take a number of photographs during each trip – when the breath test is recorded to start your journey, or when a breath test is requested mid-trip. This provides a record of who is driving. Any interlocks fitted prior to this date do not have to be upgraded or changed to get a camera.
Exemptions to interlock rules
From 1 October 2014, you can apply for an interlock exemption on medical grounds. Your application goes to VicRoads, and you will require a report from a registered specialist health provider explaining why your health condition means an interlock device would be inappropriate. This doesn’t mean you can drink and drive (at all). VicRoads may insist on other tests to ensure medical fitness to drive.
Additionally, only repeat offences with BAC under 0.10 with driver licence cancelled, VicRoads is managing the interlock requirements and there may be no need to go to court.
The Magistrates’ Court will continue to manage repeat drink-drivers and drink-drivers with a BAC of 0.10 or more. Courts will also manage more serious and complex drink-driving cases, including the combined drink and drug-driving offences introduced from 1 August 2015 (with an illegal BAC reading at any level).
Interlock removal
You must attend court to apply for the interlock to be removed. You will have a hearing whereby you ask the Magistrate to make an interlock condition removal order. You will need to visit your local Magistrate’s Court for this hearing, at least six weeks before your interlock period ends. A court date will be set for after the interlock period finishes.
Driver education course
You will need to complete your driver education course, which is two sessions, paid from your own pocket. Do this as soon as you can, or at least as soon as you get a court date, so it is completed by the time you have your hearing. You will need the licence eligibility report that the agency gives to the court – this assessment report details your interlock records, and any attempts to start your car after having alcohol.
The police interview
You’ll have to complete a police interview before you are allowed to get your licence back after drink driving offences, so get in touch with your local police station at least a month before your hearing, and make an appointment.
The Magistrate
The Magistrate Judge doesn’t have to give you your licence back without the interlock. If you pose a risk of future drink driving, you may be forced to keep the device for longer. The removal procedure is not automatic just because your time is up. Elements like how much you now drink, how you drink, any incidents that have occurred, and so on, will be taken into account.
Appealing the decision
You can not appeal the Magistrate’s decision, however you can appeal to a higher court (Supreme Court) if you believe that the judge has not correctly used their discretion (judgement). These cases are very difficult to get any traction with, but that option does exist.
You can make another hearing date, however, to get your alcohol interlock condition removed. Go over the reasons the Magistrate said no, and solve those problems before showing up to court again.
Getting a lawyer
Generally these events are straightforward, unless you have broken your conditions and want legal advice as to how to proceed to try to get your licence back. If you feel that legal advice or backup in court would be advantageous for any reason, call Vanessa Ash for a free chat to evaluate your situation.
Once the alcohol interlock condition removal order is in your hand
Get a copy from the court, then go to VicRoads and have the interlock condition removed from your licence. Take your vehicle to your interlock agent to have the device removed.
Don’t leave it to chance. Call Vanessa Ash and Associates today.