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Interlocks in Victoria

 

Alcohol Interlocks now apply in Victoria
On the 1st October 2014 changes to the drink driving legislation were introduced, and anyone found guilt or convicted of a drink-driving offence that results in driver license or learner permit cancellation will be required to install and use an alcohol interlock once relicensed.

 

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. 

 

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.

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.

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.

Group A:
Minimum 3 years

 

 

Group B:
Minimum 6 months

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