An Interlock
Order is an order which is made by the court following a recording of a
conviction for offenders who are convicted of driving related offences. If such
an order is made by the court the person must obtain what is commonly referred
to as an ‘’Interlock Driver’s Licence’’ and as such this means that the person
must participate in an interlock program in accordance with the Court Order.
What is
required for an offender to participate in an interlock program?
A person
who participates in such program is required to make note of the following:
1.
Within
the (last) remaining 4 weeks of the disqualification period, the offender must
go to their GP (General Practitioner) for assessment so that a ‘drink-less
medical certificate’ can be obtained.
2.
Installation
of an ‘interlock device’ in the car and this can only be done by an
approved provider (Please make sure that enquiries are made with Service NSW).
3.
After
the device is installed by an approved provider, the car will not start until
the device registers a ‘nil’ BAC (Blood Alcohol Concentration) reading after
blowing into the approved device.
4.
No
other car is to be driven for the duration of the person’s participation in the
program.
5.
The
device keeps a record of whether there is any alcohol on a person’s breath, and
this is monitored by NSW police and if any alcohol is detected on a person’s
breath (who is participating in the interlock program) prior to starting a car,
then the person will be committing an offence.
6.
It
should also be noted that in the event that the device
registers/detects any level of alcohol on a person’s breathe then the car
engine will automatically turn off and the car will not start.
Exemptions?
An ‘interlock
exemption’ application must be made at the sentence hearing, and it must be
supported with evidence. It should be noted that if a person is exempt from the
interlock program, then the automatic licence disqualification period is 12
months and the minimum licence disqualification period is a period of 6 months.
A person may be able to apply for an exemption from an interlock order if any
of the following exist:
1.
The
person has a medical condition which would prevent the person from providing a
sufficient breath sample; or
2.
It
is a first offence, and an interlock order would cause severe hardship; or
3.
The
person does not have any access to a vehicle so that an interlock device can be
installed.
It is very important that you speak with a lawyer so that you can
get the appropriate legal advice which you require prior to going to court.
Our team
of experienced solicitors are there for you and can help you answer all your
questions, so be sure to contact
Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 31st January 2023.
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