First offence

If you have been disqualified from holding a drivers licence on or before 10 October 2006, with a Blood Alcohol Concentration (BAC) level under 0.15%, there are no interlock provisions which should be attached to your licence.

Young drivers (those under 26 years of age or on a probationary licence) who commit an offence on or after 1 January 2007 and have a BAC level of 0.07% to 0.149% will incur a mandatory interlock for at least 6 months.

Offenders over 26 years of age and holding a full drivers licence at the time of an offence which has been committed on or after 11 October 2006 and a BAC reading of 0.07% to 0.149%, may incur a discretionary interlock for at least 6 months. This means it is up to the Magistrate whether or not the interlock is imposed.

Offenders with a BAC level of 0.15% or higher, or facing a non-BAC* drink driving charge:

• Those incurring license disqualification on or before 10 October 2006 may face a discretionary interlock for at least 6 months.
• If the offence was committed on or after 11 October 2006, any applications granted will have a mandatory interlock for a minimum 6 months.

Second offence

If you have been disqualified for a second offence on or before 13 May 2002 the Court may impose an interlock:

• of at least 6 months where the offence involved a BAC level of under 0.15%.
• of at least 3 years where the offence involved a BAC reading over 0.15% or a non-BAC* offence

If your disqualification occurred on or between 14 May 2002 and 10 October 2006, it is mandatory for the Court to impose an interlock if your application to be re-licensed is granted, for:

• a minimum of 6 months where the offence involved a BAC reading of under 0.15%
• a minimum of 3 years where the offence involved a BAC reading on or over 0.15%

For second offences committed on or after 11 October 2006, it is mandatory for the Court to impose an interlock if your application to be re-licensed is granted, for:

• a minimum of 12 months where the offence involved a BAC reading of under 0.150%
• a minimum of 4 years where the offence involved a BAC reading on or over 0.150% or was a non-BAC* offence

Third or subsequent offence

If disqualified on or before 13 May 2002 for a third or subsequent offence, the Court may impose an interlock for a minimum of 3 years. If your disqualification occurred from 14 May 2002 to 10 October 2006 the Court must impose an interlock for a minimum of 3 years. If the third or subsequent offence has been committed on or after 11 October 2006 the Court must impose an interlock for a minimum of 4 years.

*Non-BAC (Blood Alcohol Concentration) Drink Driving offences include:

• Driving under the influence of alcohol
• Refusing to provide a test sample
• Refusing to stop at a breath-testing station or to co-operate in the conduct of a test.

Offences committed under the Crimes Act, automatically fall into an interlock category. Such offences include:

• Manslaughter involving the use of a motor vehicle where alcohol was a contributing factor
• Negligently causing serious injury involving the use of a motor vehicle where alcohol was a contributing factor
• Culpable driving causing death where alcohol was a contributing factor.
• Dangerous driving causing death or serious injury, where alcohol was a contributing factor.

For a first offence committed under the Crimes Act, the Court may impose an interlock for a minimum period of 6 months. For a second or subsequent offence, it is mandatory for the Court to impose an interlock for a minimum period of 4 years.

If you were disqualified from driving for a second or subsequent offence under the Crimes Act and that disqualification occurred on or before 13 May 2002, then it is discretionary if the Court is to impose an interlock.

As you near the end of your alcohol interlock period, you will have to organise a hearing in the Magistrates’ Court to obtain an Interlock Condition Removal Order.

The following three steps should be undertaken at least 6 weeks before the alcohol interlock period ends:

1. Attend your nearest Magistrates Court to organise a hearing before a Magistrate. (You may lodge your application prior to the end of the alcohol interlock period, but the Court can only hear it once that period has finished. Legislation requires Police receive at least 28 days notification of this application).
2. Contact the alcohol interlock supplier for a report.
3. Contact the driver education agency for an assessment report.

If your application is approved the Court will provide you with documentation to take to Vic Roads first to have the condition removed from your licence. Only then may you have the interlock device removed by the supplier.