.
.. .   Site Search:	Interlocks in Victoria Alcohol Interlocks   Interlock Conditions Interlock devices are breath test machines hard wired onto the ignition system of your vehicle. They will not allow the vehicle to start unless a 0.00% breath sample is provided. Interlock conditions are now mandatory for every person who loses their licence for a drink driving offence committed from 1/10/14.   Your new licence will permit you to drive a motor vehicle only if the vehicle has an authorised interlock device installed in it. Interlock conditions are not imposed when the court sentences you. They are imposed by VicRoads when you apply to get a new drivers licence at the end of your disqualification period. If you want to avoid the mandatory interlock laws, then you need to avoid being found guilty of drink driving. Interlock Periods for all licence loss cases Your latest reading 1st offence 2nd offence* 3 or more offences* Under 0.15% At least 6 months At least 12 months At least 4 years 0.15% or more, Refusals. At least 6 months At least 4 years * within the past 10 years Every person who loses their licence for a drink driving related offence will have an interlock condition imposed when they re-apply for a new licence at the end of their disqualification period. This applies to you no matter what the date of your latest offence was. You will not be able to apply for an exemption. First time offenders If you have lost your licence as a result of a drink driving offence and it is your only drink driving conviction in the past 10 years then VicRoads will automatically impose a 6 months interlock condition on your licence. The period of ten years is calculated from the date of conviction to the date of the application for a licence. The period of 6 months is counted from the date you are granted your licence. Prior convictions older than 10 years must be ignored. Repeat offenders For repeat offenders the length of the interlock period depends on how many drink driving convictions you have that are less than 10 years old.  The date you were found guilty of the old offences is the relevant date in determining whether or not the prior offence will be counted. If more than 10 years have passed since the date you were found guilty of a drink driving offence then that earlier offence will not be counted as a prior offence - see s.50AA Road Safety Act 1986.  If your licence was cancelled because of an Infringement Notice, then you were found guilty 28 days after the date of the infringement notice. If your licence was cancelled by a court, the relevant date is the date the court found you guilty of the drink driving offence, even if sentencing was adjourned to a later date.  Your most recent offence is always counted, and any conviction that is less than 10 years old is always counted. Prior convictions older than 10 years must be ignored.  Sometimes it is better to delay applying for re-licencing if the passing of time will see an old prior conviction become more than 10 years old and thus reduce the length of your interlock condition. Avoiding an Interlock The only way to avoid getting an interlock condition on your licence is to avoid losing your licence for a drink driving offence. So you should be defending your drink driving charges. Cost There are several providers of interlocks and they set their own fees. Typically there is an installation fee, a monthly service fee and a removal fee. Expect about $150 per month. There is also a mandatory $40+ per month administration fee charged by VicRoads which is collected by the interlock installer. Interlock removal Anyone with an interlock condition on their licence will need to apply to VicRoads to get the condition removed. You can not apply for removal until the minimum period has passed. You need to see VicRoads 28 days prior to the date you want your condition to be removed to ensure you comply with all the preliminary steps. VicRoads will not remove an interlock condition from your licence unless you can show reports for a total of 6 months of interlock use without any positive (failed) samples. You will need to get an interlock installed in a vehicle for at least 6 months - even if you don't drive the vehicle much. If you have an interlock condition on your licence for 3 years, you do not need to have the interlock installed for the entire 3 year period. VicRoadss can remove an interlock condition after the 3 year period has ended provided you have actually used the interlock for at least 6 months. So, you could choose not to drive at all for the first 30 months and then drive with an interlock installed for the last 6 months only. When you go to VicRoads for the interlock removal application, they will receive a report including a print-out of every time the interlock was used. If they find that you attempted to use the vehicle whilst in excess of 0.000%, your application will   fail. That is because you are on a zero limit and you need to prove that you are capable of complying with a zero condition before the interlock will be removed. VicRoads will probably tell you to come back in 6 months if you have any positive results on the interlock report. Zero Condition All drivers who have an interlock condition on their licence are subject to a 0.00% prescribed alcohol limit for a period of 3 years from the date they are given permission to be relicenced, or for the duration of the interlock period, whichever is longer. Interlock Offences If you drive a motor vehicle prior to getting permission to be relicenced, you will be charged with driving whilst unlicensed and you risk getting a further period of licence cancellation.  If you have an interlock condition on your licence and you drive any motor vehicle (which is used or designed to be used on a road) while it is not fitted with an interlock - regardless whether you drive it on a public road or on private property and regardless whether the vehicle is capable of being registered -  or you drive with an interlock that has been tampered with, you will be charged with driving in breach of an interlock condition. This carries maximum penalties of more than $3500 and 4 months imprisonment,  optional licence loss and optional vehicle immobilisation for up to 12 months. If you want to drive more than one vehicle then you will need more than one interlock. You will not be able to install an interlock on a motor cycle. Legal Assistance: Most applicants can complete all the relicencing steps without the need to engage a lawyer. However, some cases are exceptional and can benefit from legal assistance.  If you fail in your application to be relicenced, or fail to have an interlock removed, or desire to avoid having an interlock fitted, you may wish to seek legal assistance.  There is no right of appeal against VicRoads' decision to impose an interlock condition or refuse to remove an interlock. However, if VicRoads has unlawfully imposed an interlock condition, or unlawfully refused to remove it, then you can seek judicial review in the Supreme Court. Historic Interlock Tables The following tables are not applicable to anyone applying for a drivers licence but are included for archive purposes. Interlock Periods for offences committed between 10.10.2006 and 30.9.2014 Your latest reading 1st offence 2nd offence 3 or more offences Under 0.07% No Interlock applicable At least 12 months At least 4 years 0.07% to 0.149% P-Platers: at least 6 months.* Under 26 y.o.: at least 6 months* All Others: Discretionery 6 months. 0.15% or more, Refusals. At least 6 months At least 4 years * Asterixed provisions apply to offences committed after 1 January 2007 only. Interlock Periods for offences committed between 13.5.2002 and 9.10.2006 Your latest reading 1st Offence 2nd Offence 3 or more offences Under 0.15% No interlocks At least 6 months At least 3 years 0.15% or more, Refusals Optional 6 months At least 3 years Related Pages: Relicensing process Drink Driving FAQ Drink Driving Penalties Related Links: VicRoads Interlock Brochure	..
	.	.