Alcohol Interlocks FAQ

Note: Any reference to a ‘licence’ is to be read as a reference to a licence (full or probationary) or a learner permit

 

What is an ‘alcohol interlock condition’?

 

It is a condition on a person’s licence under which the person is only permitted to drive a motor vehicle in which an approved alcohol interlock has been installed or maintained by an approved alcohol interlock supplier or a person or body authorised by such a supplier.

 

What is an ‘alcohol interlock’?

 

An alcohol interlock is an electronic breath-testing device wired to the ignition system of a vehicle. Interlocks can be fitted to motorcycles, cars and trucks.

A vehicle with an interlock will not start unless the driver passes a breath test. Cameras were introduced into new alcohol interlocks installed from 30 January 2015. These interlocks will capture images during each trip, including taking a picture of the person blowing into the interlock during the breath tests.

Will I be required to have an alcohol interlock? If so, for how long?

An alcohol interlock condition only applies to drink driving offences, a combined drink and drug driving offence and offences where a finding was made that the offence was committed under the influence of alcohol or both alcohol and a drug.

 

For certain offences, the Court must impose an alcohol interlock condition on a licence when granting an application for a Licence Eligibility Order. For any person who is disqualified from obtaining a licence for a drink driving offence committed on or after 1 October 2014, it will now be mandatory for an alcohol interlock condition to be imposed on their licence (regardless of the BAC reading or whether it is a first, second or subsequent offence). In all other cases, the Court may impose an alcohol interlock condition.

 

The following tables set out when an interlock condition must (mandatory) or may (discretionary) be imposed and the minimum period required to be set:

 

Drink driving offences


First drink driving offence

 

Offence

Date of offence

Condition

Minimum

BAC 0.07 – 0.149

On or after 11/10/2006 but before 1/1/2007

Discretionary

6 months

On or after 1/1/2007 but before 1/10/2014

*Under 26yo or on “P” plates at time of offence

Mandatory

6 months

On or after 1/1/2007 but before 1/10/2014

*Otherwise

Discretionary

6 months

On or after 1/10/2014

Mandatory

6 months

BAC 0.15 or above

Before 11/10/2006

Discretionary

6 months

On or after 11/10/2006

Mandatory

6 months

Drive under the influence

Before 11/10/2006

Discretionary

6 months

On or after 11/10/2006

Mandatory

6 months

Refuse offence

Before 11/10/2006

Discretionary

6 months

On or after 11/10/2006

Mandatory

6 months

 Second drink driving offence


Offence

Date of offence

Condition

Minimum

BAC below 0.15

On or after 13/5/2002 but before 11/10/2006

Mandatory

6 months

On or after 11/10/2006

Mandatory

12 months

BAC 0.15 or above

On or after 13/5/2002 but before 11/10/2006

Mandatory

3 years

On or after 11/10/2006

Mandatory

4 years

Drive under the influence

On or after 13/5/2002 but before 22/12/2004

Mandatory

6 months

On or after 22/12/2004 but before 11/10/2006

Mandatory

3 years

On or after 11/10/2006

Mandatory

4 years

Refuse offence

On or after 13/5/2002 but before 22/12/2004 

Mandatory

6 months

On or after 22/12/2004 but before 11/10/2006

Mandatory

3 years

On or after 11/10/2006

Mandatory

4 years

Third or subsequent drink driving offence
 

Offence

Date of offence

Condition

Minimum

BAC – any level

On or after 13/5/2002 but before 11/10/2006

Mandatory

3 years

On or after 11/10/2006

Mandatory

4 years

Drive under the influence

On or after 13/5/2002 but before 11/10/2006

Mandatory

3 years

On or after 11/10/2006

Mandatory

4 years

Refuse offence

On or after 13/5/2002 but before 11/10/2006

Mandatory

3 years

On or after 11/10/2006

Mandatory

4 years

Combined drink and drug driving offence 

Offence No.

Date of offence

Condition

Minimum

First

On or after 1/8/2015

Mandatory

6 months

Second (BAC below 0.15)

On or after 1/8/2015

Mandatory

12 months

Second (BAC 0.15 or above)

On or after 1/8/2015

Mandatory

4 years

Third or more

On or after 1/8/2015

Mandatory

4 years

Other offences where a finding was made that the offence (for which the person lost their licence) was committed under influence of alcohol or both alcohol and a drug

Manslaughter, negligently cause serious injury, culpable driving causing death and dangerous driving causing death or serious injury
 

Offence No.

Date of offence

Condition

Minimum

First

Before 1 October 2014

Discretionary

6 months

First

On or after 1 October 2014

Mandatory

6 months

Second

On or after 13 May 2002 but before 22 December 2004

Mandatory

6 months

Second

On or after 22 December 2004 but before 11 October 2006

Mandatory

3 years

Second

On or after 11 October 2006

Mandatory

4 years

Third or more

On or after 13 May 2002 but before 11 October 2006

Mandatory

3 years

Third or more

On or after 11 October 2006

Mandatory

4 years

Dangerous or negligent driving while pursued by police and theft of motor vehicle or attempted theft of motor vehicle

 

Offence No.

Date of offence

Condition

Minimum

First

On or after 30 September 2013

Discretionary

6 months

Second or more

On or after 30 September 2013

Mandatory

4 years

All other offences

 

Offence No.

Date of offence

Condition

Minimum

Any

On or after 30 September 2013

Discretionary

No minimum set

What do I do if I need an alcohol interlock? 


If the Court makes an order for an alcohol interlock condition, the Licence Eligibility Order will state that you are eligible to apply to VicRoads for a licence, but this licence must be subject to an alcohol interlock condition.

First, you will need to visit VicRoads to get your licence reissued, which will now include an ‘I’ condition (alcohol interlock condition).

VicRoads will provide a list of approved alcohol interlock suppliers from whom you can have an alcohol interlock installed in your vehicle.

Next, you will need to arrange for someone else to drive you and your vehicle to the approved alcohol interlock supplier to have the interlock installed. Each supplier will provide comprehensive training to participants on how to use the interlock device. The vehicle must be brought back to the supplier for all scheduled services. 

Will I have to pay for the alcohol interlock?
 

The alcohol interlock supplier charges for installation, monthly leasing and service, removal and other services. Speak with the supplier to find out the charges for your circumstances.


There is also a monthly government cost recovery fee to manage the alcohol interlock program. This fee is payable at the monthly service and then sent to VicRoads.


How do I get the alcohol interlock condition removed from my licence?
 

An alcohol interlock condition can only be removed from your licence once the period specified for the condition has ended and you have met the necessary removal criteria.
 

If you were able to go directly to VicRoads to restore your licence (i.e. you did not need to obtain a Licence Eligibility Order from the Court) and VicRoads imposed the condition, you can apply directly to VicRoads again to have the condition removed. See the VicRoads website for further information.


If the Court imposed the condition when making the Licence Eligibility Order, you will need to organise a further hearing in the Magistrates’ Court
 to obtain an Alcohol Interlock Condition Removal Order.

You must provide at least 28 days notice of applying for an Alcohol Interlock Condition Removal Order. You may lodge your application prior to your alcohol interlock period ending, however, the Court application hearing date cannot be before the expiration of the period ordered to have an alcohol interlock condition.

 

Subject to the material and information required to be obtained for the application, the hearing date will be listed approximately 2 weeks after your condition period ends. This will be determined when you lodge the application with the Court.

Within 28 days of your Court hearing date* you will need to obtain the following:

1.       A ‘Compliance Assessment Report’ from your alcohol interlock supplier

2.       An assessment report from an accredited agency


*For applicants whose relevant offence was committed on or after 1 October 2014, this information will need to be obtained before the Court hearing but after the condition period ended. In addition, these applicants will need to organise a 'Removal Criteria Report' to be sent to their nominated accredited agency. This is done through the Alcohol Interlock Management System (AIMS) operated by VicRoads. Contact the VicRoads Support Centre for the Victorian Alcohol Interlock Program on 1300 723 790 for further information about AIMS.

My application for removal of the alcohol interlock condition was granted. What do I do next?

 

If your application is approved, the Court will provide you with documentation of this outcome. You need to take this to VicRoads first to have the condition removed from your licence.

Only then should you have the interlock device removed from your vehicle by the supplier.

 


 
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