What Is an Alcohol Interlock?

If you have been charged with drink driving in Victoria and are wondering what is an alcohol interlock, then here is some information for you.

You may be required to have an alcohol interlock if you have been found guilty of a drink driving offence. The alcohol interlock will be fitted to your vehicle before you can drive again. Many drivers are unsure how an interlock works, how long it must remain installed, or whether there are any exceptions.

An alcohol interlock is a breath-testing device installed in a vehicle that prevents it from starting if it detects alcohol on the driver’s breath. It is designed to reduce repeat drink driving by ensuring drivers are alcohol-free before operating a motor vehicle.

Who has to have an alcohol interlock?

Whether an alcohol interlock is required depends on the type of drink driving offence and your individual circumstances.

Drivers who are found guilty or plead guilty to drink driving, will be required to complete an alcohol interlock period before returning to unrestricted driving.

The requirement is determined by Victorian drink driving laws and forms part of the relicensing process.

How does an alcohol interlock work?

Before the vehicle can be started, the driver must provide a breath sample into the interlock device.

If no alcohol is detected, the vehicle will start.

If alcohol is detected above the permitted level, the vehicle will not start.

Most interlock devices also require random breath samples while the vehicle is being driven. This is known as a rolling retest and is designed to ensure that alcohol is not consumed after the journey has begun.

The device records each breath sample and stores information that can later be downloaded and reviewed.

Can someone else blow into the device for me?

No.

Attempting to have another person provide a breath sample on your behalf may amount to a breach of the interlock conditions and can have serious consequences.

The interlock system records information that may indicate attempts to circumvent the device.

You should only provide your own breath samples and comply with all directions relating to the interlock.

How long do I have to keep the interlock?

The required interlock period depends on:

• the offence committed;

• your blood alcohol concentration;

• whether it is a first or subsequent offence; and

• the applicable Victorian legislation.

Some drivers are required to have an interlock for at least six months, while others may be required to keep it installed for a considerably longer period.

You must successfully complete the required interlock period before becoming eligible to return to an unrestricted licence.

Can I drive any vehicle?

Not necessarily.

If you are subject to an alcohol interlock condition, you will generally only be permitted to drive vehicles fitted with an approved alcohol interlock.

Driving a vehicle without the required interlock may constitute a criminal offence.

If you drive for work or operate multiple vehicles, you should obtain advice about how the interlock requirements apply to your circumstances.

How much does an alcohol interlock cost?

Drivers are generally responsible for the costs associated with the alcohol interlock.

These costs may include:

• installation;

• monthly leasing or monitoring fees;

• servicing and calibration; and

• removal of the device at the end of the interlock period.

The total cost varies depending on the provider and the length of time the interlock remains installed.

What happens if I fail an interlock test?

If alcohol is detected, the vehicle will not start.

Repeated failed tests or breaches of the interlock requirements may affect your ability to complete the interlock period and regain an unrestricted licence.

In some circumstances, additional action may be taken if there is evidence that the interlock conditions have not been complied with.

Can the court remove the interlock requirement?

Alcohol interlock requirements are prescribed by Victorian legislation and often form part of the mandatory licensing consequences following a drink driving conviction.

Whether any discretion exists depends on the offence and the applicable law.

Obtaining legal advice before your court hearing can help you understand whether an interlock will apply in your case.

Do I need legal advice?

Drink driving offences often involve more than just a fine. They can result in licence cancellation, mandatory alcohol interlock requirements and other obligations before you are allowed to drive again.

At Wilkinson Lawyers, we regularly advise clients charged with drink driving offences throughout Victoria. We can explain the likely licence consequences, whether an alcohol interlock will apply, and help you understand the steps required to regain your licence after your court case.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.