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Alcohol Interlocks now apply in Victoria
Alcohol Interlock legislation now apply to certain drink
drivers who commit an offence on or after 13 May, 2002. Furthermore,
from June 2004, it is up to the discretion of the Magistrate of
the day to impose an AI condition even on offences prior to 13.05.2002.
Why Interlocks?
About 24 percent of all drivers and riders killed in Victoria
have a BAC of 0.05 or more. Repeat drink drivers are responsible
for 22 fatalities and 560 injuries each year; 5 percent of the annual
Victorian road toll.
What is an Alcohol Interlock?
An Alcohol Interlock (AI) 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 fitted with an Interlock
will not start unless the driver passes a breath test.
Assessments and education courses
Existing requirements for drink drivers such as clinical assessments
and education courses still apply before the "I" condition
can be removed from your licence. For further information and recommendations
of this agency as they would apply to you, please call our free
information line on 1800 000 505.
Interlock Condition Removal Order (ICRO)
Before the "I" condition can be removed from your licence,
you must obtain an ICRO from the court.
Severe penalties for not using an Interlock as intended
If you drive a vehicle without an Interlock, or interfere with the
Interlock in any way, you will risk imprisonment for up to 4 months
or vehicle immobilisation.
Costs
Drivers will pay all costs involved in having an Interlock.
Where can I get an Interlock?
VicRoads offices will provide a list of approved Interlock suppliers.
Each supplier will provide comprehensive training to participants. For further information and recommendations of this agency as they would apply to you, please call our free information line on 1800 000 505.
More Information
For further information please telephone VicRoads on 131171 or TTY
(for hearing impaired) 1300 652 321.
Will I be required to have an interlock condition, and if so,
for how long?
Offences After 10.10.2006
Click here to download the full Brochure for Guidelines for Relicensing Drink Drive Offenders in Victoria (Copyright 2008)
Offences Prior 10.10.2006
First offenders
If the drink-driving offence for which your licence was cancelled
was a first offence, and the offence was either having a concentration
of alcohol in your breath or blood (BAC) of 0.15 or more, or a non-BAC
drink driving offence , then the court may impose an alcohol
interlock condition when it grants you your licence back. If it
does so, the minimum interlock period is 6 months.
Second offenders
(a) If the drink-driving offence for which your licence was cancelled
was a second offence, and your licence was cancelled on or before
13 May 2002, then the court may impose an alcohol interlock
condition when it grants you your licence back. If it does so, the
minimum interlock period is:
- 6 months where the offence was either having a BAC of less than
0.15, or a non-BAC drink driving offence; or
- 3 years where the offence was having a BAC of 0.15 or more.
(b) If the drink-driving offence for which your licence was cancelled
was a second offence, and your licence was cancelled after 13
May 2002, then the court must impose an alcohol interlock
condition when it grants you your licence back. The minimum interlock
period is:
- 6 months where the offence was either having a BAC of
less than 0.15, or a non-BAC drink driving offence; or
- 3 years where the offence was having a BAC of 0.15 or
more.
Third and subsequent offenders
(a) If the drink-driving offence for which your licence was cancelled
was a third or subsequent offence, and your licence was cancelled
on or before 13 May 2002, then the court may impose
an alcohol interlock condition when it grants you your licence back.
If it does so, the minimum interlock period is 3 years.
(b) If the drink-driving offence for which your licence was cancelled
was a third or subsequent offence, and your licence was cancelled
after 13 May 2002, then the court must impose an alcohol
interlock condition when it grants you your licence back. The minimum
interlock period is 3 years.
Does it make any difference when the drink driving offence was
committed?
If your application to get your licence back was made before
17 June 2004 the court can only impose an interlock condition
if the offence was committed on or after 13 May 2002.
If your application to get your licence back is made on or after
17 June 2004 the ability of the court to impose an interlock
condition applies regardless of when the offence was committed.
What reports will I need if I have an interlock condition on
my licence?
(a) If your licence was cancelled on or before 13 May 2002 for
a first or repeat drink driving offence or your licence was
cancelled after 13 May 2002 for a first drink driving offence
you must obtain two reports from an accredited driver education
agency before you can apply to get your licence back. These reports
are:
- An assessment report at least 12 months before applying
for the licence restoration order, which assesses your use of
alcohol; and
- A licence restoration report within 28 days before applying
for the licence restoration order.
If the Court grants you a licence restoration order it may
impose an alcohol interlock condition on your licence (see pages
**). If it does so, you must obtain a third report from an accredited
driver education agency within 28 days before applying to have the
interlock condition removed. This third report must include:
- an assessment by the interlock supplier of your use of
the interlock since it was installed (known as a Compliance Assessment
Report);
- an assessment of your use of alcohol during the period
since the interlock was installed; and
- your last licence restoration report.
(b) If your licence was cancelled after 13 May 2002 for
a repeat drink driving offence you do not need to obtain an assessment
report 12 months before applying for a licence restoration order.
You only need to obtain a licence restoration report from an accredited
driver education agency within 28 days before applying to the Court
for the licence restoration order. This is because in these cases,
if the Court does give you your licence back it must impose
an alcohol interlock condition (see pages **).
You must obtain a second report from an accredited driver education
agency within 28 days before applying to have the interlock condition
removed. This second report must include:
- an assessment by the interlock supplier of your use of
the interlock since it was installed (known as a Compliance Assessment
Report);
- an assessment of your use of alcohol during the period
since the interlock was installed; and
- your last licence restoration report.
| Offenders |
Offence |
How
long the interlock condition will be on the licence |
First offenders
Only one drink driving offence. The Court will decide whether
to impose an interlock condition on your licence.
|
Only one offence, which either involved
a BAC of at least 0.15, or was a non-BAC drink driving offence. |
Minimum 6 months |
| Repeat offenders whose licence
was cancelled after 13 May 2002
The Court is required to impose an interlock condition on
your licence.
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Group A:
Three or more offences, or
Two offences where the most recent offence involved a BAC of
at least 0.15.
Group B:
Two offences where the most recent offence either involved
a BAC of less than 0.15, or was a non-BAC drink driving offence.
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Group A:
Minimum 3 years
Group B:
Minimum 6 months
|
| Repeat offenders whose licence
was cancelled on or before 13 May 2002
The Court will decide whether to impose an interlock condition
on your licence.
|
Group A:
Three or more offences, or
Two offences where the most recent offence involved a BAC of
at least 0.15.
Group B:
Two offences where the most recent offence either involved
a BAC of less than 0.15, or was a non-BAC drink driving offence.
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Group A:
Minimum 3 years
Group B:
Minimum 6 months
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