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.
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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