by Angus Edwards
NSW Drivers convicted of serious or repeat drink driving offences will face new penalties and will be required to fix alcohol Interlock devices to their vehicles. For offences committed on or after 1 February 2015, drivers convicted of driving with a high range prescribed concentration of alcohol ("PCA") and second and subsequent Novice, Special, Low and Mid Range PCA offences will face a minimum licence disqualification period and a minimum 12 month participation in the Interlock program.
The interlock has been available for many years and is an electronic breath testing device which attaches to a motor vehicle's ignition which prevents the vehicle being operated unless the driver is detected as having a zero blood alcohol reading. According to Roads and Maritime Services approximately 6,000 convicted drink drivers will be affected by the program. If convicted drivers fail to participate in the program a disqualification period of at least 5 years will apply from the date of conviction.
Under the new laws, a driver convicted of their first high range prescribed concentration of alcohol offence will be subject to a minimum disqualification period of 6 months and a minimum Interlock period of 24 months. Previously a minimum disqualification period of 12 months and an automatic disqualification of 3 years would apply to such an offence. However, drivers convicted of a second high range PCA offence within the last 5 years will be subject to a minimum disqualification period of 9 months and a minimum Interlock period of 48 months. Previously a minimum disqualification period of 2 years and an automatic period of 5 years would apply to such an offence.
There are only limited exemptions to Interlock orders as set under section 212 (3) of the Road Transport Act 2013. These include the person not having access to a vehicle to which to install an interlock device. The exemption does not apply only because the person cannot afford the costs of installing an improved interlock device or would be prevented from driving a vehicle in his or her employment an interlock exemption order is made.
This will have significant consequences for persons convicted of high range PCA or other offences where they are required to drive various vehicles during the course of their employment or where their employer does not agree to (or cannot fit) an interlock device to a company vehicle. An exemption is also available where a person has a medical condition that prevents the providing of a sufficient breath sample to operate the interlock device and it is not reasonable practicable for the interlock device to be modified to enable the operation of the device. The estimated cost of the Interlock,is $2,200 per year. These costs are met by the driver, with some funding available where the driver cannot afford this.
A new requirement has been introduced under section 205 of the Act is for the offender to complete a drink driver rehabilitation program before they apply for their licence or return to driving. Learner drivers are also not exempt from the program and as soon as they progress to a provisional licence the interlock condition and participation in the program will apply.
It is more important than ever for drivers charged with drink driving offences to seek legal advice before appearing in Court. Exemption applications must be made at the time that the driver is sentenced.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
