Can I Avoid an Alcohol Interlock Device in NSW?

If you have been charged with a drink driving offence in NSW, you may be wondering whether you can avoid having an alcohol interlock device installed in your vehicle.

For many serious drink driving offences, an alcohol interlock order is mandatory unless a court is satisfied that a recognised exemption applies. Whether you can avoid participating in the interlock program depends on the offence, your circumstances and the legislation that applies.

If you have been charged with drink driving, obtaining legal advice early may improve your chances of achieving the best possible outcome. An experienced ⁠Drink Driving Lawyer Sydney can advise whether an interlock order is likely to apply in your case.

What Is an Alcohol Interlock Device?

An alcohol interlock device is a breath-testing unit fitted to your vehicle.

Before the vehicle can be started, you must provide a breath sample. If alcohol above the permitted level is detected, the vehicle will not start.

The device may also require additional breath samples while driving to ensure ongoing compliance.

Which Drink Driving Offences Require an Interlock?

Interlock orders commonly apply to more serious drink driving offences, including certain:

• High Range PCA offences;

• Repeat Mid Range PCA offences;

• Repeat Low Range PCA offences; and

• Other offences specified under NSW legislation.

Whether an interlock order is mandatory depends on the offence for which you are convicted.

Can I Avoid an Alcohol Interlock Device?

Possibly, but only in limited circumstances.

A court cannot simply decide not to impose an interlock order because it would be inconvenient or expensive.

Instead, the court must be satisfied that a statutory exemption applies before it can avoid making an interlock order.

Each case depends on its own facts.

What Are the Common Exemptions?

Some recognised exemptions may include circumstances where:

• you do not hold a NSW driver licence;

• you have a genuine medical condition preventing participation;

• you live in an area where the interlock program cannot reasonably operate; or

• another statutory exemption applies.

The availability of an exemption depends on the legislation in force and the evidence presented to the court.

Can Financial Hardship Be an Exemption?

Usually not.

Although installing and maintaining an alcohol interlock device can be expensive, financial hardship alone will not automatically exempt someone from the program.

However, there may be assistance programs available for eligible participants.

What Happens If I Am Exempt?

If a court grants a recognised exemption, it may instead impose a longer period of licence disqualification instead of requiring participation in the alcohol interlock program.

Whether this produces a better outcome depends entirely on your personal circumstances.

For some people, completing the interlock program allows them to regain their licence much sooner than serving an extended disqualification period.

Is It Better to Complete the Interlock Program?

In many cases, yes.

For drivers who need their licence for employment or family commitments, completing the alcohol interlock program may allow an earlier return to driving than remaining disqualified for a longer period.

The best option depends on your individual circumstances and should be discussed with your lawyer.

What Happens in Court?

If your offence carries an interlock requirement, the court will consider:

• the offence committed;

• whether you are eligible for an exemption;

• any evidence supporting an exemption;

• your traffic history;

• your personal circumstances; and

• the applicable sentencing legislation.

Obtaining legal advice before your court date is important if you believe an exemption may apply.

Frequently Asked Questions

Is an alcohol interlock device mandatory?

For many serious drink driving offences, yes. However, the exact requirements depend on the offence and the applicable legislation.

Can I drive someone else’s car?

Generally, drivers participating in the interlock program must only drive vehicles fitted with an approved alcohol interlock device.

How long do I have to keep the interlock device?

The required period depends on the offence and the court orders made in your case.

Can I remove the device early?

Generally, no. The interlock device must remain installed until you satisfy the legal requirements for completing the program.

Key Legislation

The alcohol interlock program in NSW is primarily governed by:

• Road Transport Act 2013 (NSW)

• Road Transport (Driver Licensing) Regulation 2017 (NSW)

These laws set out when interlock orders apply, eligibility requirements and available exemptions.

Relevant Case Law

Whether an exemption should be granted depends on the statutory criteria contained in the legislation.

The court must apply those legislative requirements to the particular facts of each case. Previous decisions may provide guidance, but every matter is determined on its own circumstances.

Charged With Drink Driving?

If you have been charged with a drink driving offence that may require participation in the alcohol interlock program, obtaining legal advice before your court date is important.

At Michael Confos Lawyer, we advise clients throughout Sydney on drink driving charges, licence disqualification, alcohol interlock orders and court appearances.

You may also find these articles helpful:

• ⁠Drink Driving Lawyer Sydney

• ⁠Can I Refuse a Blood Test in NSW?

• ⁠Can I Refuse a Breath Test in NSW?

• ⁠Will I Lose My Licence for Drink Driving in NSW?

Disclaimer

This article provides general information only and is not legal advice. The law may change, and every case depends on its own facts. Reading this article does not create a solicitor-client relationship. If you require legal advice about a drink driving offence or the alcohol interlock program, you should obtain advice from a qualified Australian lawyer.