The Alcohol Interlock Program

The Mandatory Alcohol Interlock Program requires certain drink driving offenders to have an interlock device fitted to their vehicle before they can hold an unrestricted licence again. The device requires the driver to pass a breath test before the engine will start, and periodically while driving, and will not allow the vehicle to start if it detects any alcohol.

The program applies automatically to most mid-range, high-range, novice-range and repeat drink driving offences under the Road Transport Act 2013 (NSW), and generally follows a mandatory minimum disqualification period. Courts must impose an interlock order for eligible offences unless a specific exemption applies.

The minimum period a person must remain on the interlock program depends on the offence category, and typically ranges from around 12 months for less serious eligible offences up to 24 months or more for high-range or repeat offending. During this period, the driver holds an interlock licence, and cannot legally drive any vehicle that is not fitted with the device.

The device is installed, serviced and eventually removed by an approved provider, and requires regular calibration checks throughout the program. Any attempt to tamper with, bypass or have another person blow into the device to start the car is treated as a serious breach and can result in an extension of the program or further criminal charges.

All costs associated with the program — including installation, ongoing monthly leasing and servicing fees, and removal at the end of the period — are paid by the driver, not the government. Over a full program period, these costs commonly run into several thousand dollars, and there is a financial hardship exemption process for drivers who cannot afford to participate, though it involves a strict application and is not automatically granted.

Because the program is often mandatory rather than discretionary, this cost is generally unavoidable once a person is convicted of an eligible offence, which is one of the reasons obtaining strong legal advice before entering a plea — including exploring whether a section 10 outcome may be available — is worth pursuing at the earliest opportunity.

A very limited exemption exists for drivers who can demonstrate they have no access to a vehicle and will not drive during the disqualification period, or who have a genuine medical condition preventing use of the device. These exemptions are assessed strictly and are not granted simply because a driver would prefer not to participate.

Where an exemption is refused or unavailable, the driver instead serves a further period of licence disqualification in place of the interlock program, which is often a considerably longer period of no driving at all — meaning most drivers are, in practice, better off participating in the program than seeking to avoid it.