Interlock driver licence for PCA and DUI offenders

Written on the 14th of April 2010

Recent statistics show that over 15 percent of drink-drivers return to court for another drink-driving offence within five years (Bureau of Crime Statistics and Research, NSW, 9 December 2009). In many cases, the second offence is committed just a few months after the driver has regained his or her driver licence following disqualification for the first offence. Such drivers pose a serious risk to themselves and other road-users.

However, since September 2003, the NSW Alcohol Interlock Program has given some drink-drivers the opportunity to rehabilitate themselves. After a specified period of disqualification (the "disqualification compliance period"), which is significantly shorter than the statutory minimum disqualification period for the relevant offence, an eligible offender may commence driving a vehicle fitted with an approved alcohol interlock device. This is subject to the offender attending a medical consultation, obtaining an interlock driver licence, and complying with the interlock program requirements.

An offender's eligibility for the program must be determined by the sentencing judge, but participation is entirely voluntary. Where an offender decides not to enter the program, he or she will serve the full period of disqualification imposed at sentencing. Otherwise, after waiting out the disqualification compliance period, the offender's disqualification can then be suspended for the "interlock participation period." That participation period is determined by the judge, separately from the disqualification period, or else a minimum participation period will apply.

The approved interlock device prevents a vehicle starting, until its driver passes a breath test by blowing into the mouthpiece of the device. Safeguards reduce the risk of the vehicle being driven by an intoxicated driver, even if the vehicle is started by a sober bystander. Failed breath tests may immobilise the vehicle.

Note: The Roads and Traffic Authority will not issue an interlock driver licence in certain circumstances, such as if the applicant has outstanding unpaid fines. Your lawyer can advise you regarding your own personal eligibility to participate in the NSW Alcohol Interlock Program.

If you have any questions about any of this please do not hesitate to call or send an email.

Disclaimer - This article is offered for general information purposes only. It is not offered as and does not constitute specific legal advice or opinion. The accuracy of the information is not guaranteed. You should not act or rely upon any of the information contained within this article without seeking the advice of a qualified solicitor who specialises in the particular area of expertise and jurisdiction that you require.