MANDATORY INTERLOCK ORDERS IN NSW
Mandatory Interlock Orders are imposed by courts in NSW and are compulsory upon offenders convicted of mid-range, high-range, repeat, or other serious drink driving offences. If you commit a relevant drink driving offence, you will be subject to a Mandatory Interlock Order, the purpose of the which is to reduce repeat offending of the drink driving offence.
WHAT IS AN INTERLOCK ORDER?
An interlock order functions in two stages. The first stage involves a driving disqualification for a set period of time. The second stage follows the driving disqualification and requires the offender to obtain an interlock drivers licence and participate in the interlock program for a set period of time. A substantial part of the order and program is the installation of the interlock device, which requires an offender of the drink driving offence to blow into the device and record a nil reading in order to start and operate the vehicle.
Another component of the interlock program involves obtaining an Alcohol Interlock Program Medical Consultation Certificate, the purpose of which is to discuss alcohol consumption with a medical practitioner. Some drink driving offence offenders will be required to consult with their medical practitioner throughout and at the conclusion of the program. The Interlock Order also requires the drink driving offence offender drives no other vehicle for the duration of the program.
THE COST OF AN INTERLOCK ORDER
The Interlock Order operates on a user pays system, meaning that the offender convicted of the drink driving offence is required to pay for the program. The NSW Government estimates the cost to be between $2200-$2500 and this cost includes the installation of the interlock device, monthly leasing of the device, monthly or bi-monthly servicing of the device and the removal of the device at the conclusion of the mandatory interlock period.
Financial assistance for an Interlock Order may be available from the NSW Government. Should you be subject to an Interlock Order, our expert criminal lawyers will assist in determining your eligibility and, if eligible, applying for this financial assistance.
A conviction of a drink driving offence requiring an Interlock Order may leave you liable to great expense, so contact our expert criminal lawyers immediately to ensure you are represented by specialised lawyers with a proven track record in defending and defeating drink driving offence charges.
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WHAT HAPPENS IF I DON’T COMPLETE AN INTERLOCK ORDER?
An offender of a drink driving offence who is required to complete an Interlock Order and fails to do so will be disqualified from holding a driver licence for a period of at least 5 years.
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INTERLOCK EXEMPTION ORDER
If you are convicted of a drink driving offence that requires the imposition of a Mandatory Interlock Order, you may seek an exemption from the Interlock Order. The court may grant you the exemption if our expert criminal lawyers can prove that you don’t have access to a vehicle to install the device, or you have a medical condition which stops you from using the device.
If you are convicted of a drink driving offence requiring a Mandatory Interlock Order, our expert criminal lawyers may on your behalf seek an Interlock Exemption Order. If the Court grants this order, you will not have to participate in the Interlock Program. As an alternative, you would be required to complete the Sober Driver Program. Your licence will be cancelled and you’ll be disqualified from driving. The program is at an offender’s own expense and is completed during the disqualification period. You would also be required to complete the disqualification period before you can apply for a new unrestricted driver licence.
WHAT IS THE SOBER DRIVER PROGRAM?
The Sober Driver Program is a 20-hour therapeutic group program for drivers who have been convicted of a serious or repeat drink driving offence and have an order with Corrective Services NSW or who have received an Interlock Exemption Order from a court. The program aims to change the attitudes and behaviours of drivers, prevent re-offending, and reduce alcohol-related road trauma.
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CONTACT US NOW
A drink driving conviction has serious consequences, so contact our expert criminal lawyers so that your case is handled by our specialised lawyers with a proven track record in fighting drink driving offence charges.