Mandatory Alcohol Interlock Device

An Alcohol Interlock device is a 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.

Most drivers found guilty of drink driving or even drug driving will not be relicensed unless their new licence has an alcohol interlock device condition attached. This means the driver cannot lawfully drive any vehicle unless that vehicle is fitted with an interlock device. This condition is imposed by a Magistrate when the driver applies to the court for permission to be relicensed. Since 1 October 2014 first offenders who lose their licence with readings under 0.15% will automatically have a 6-month interlock condition imposed on them by VicRoads without the need to apply to a Magistrates Court for permission to be re-licensed. Others will have the alcohol interlock device condition imposed by the court that grants them permission to be relicensed.

The driver must pay all the costs associated with the installation and maintenance of the interlock device. VicRoads also charges an administration fee of approximately $40 per month to manage the interlock condition that is imposed on your licence! The interlock condition can be removed only by order of a Magistrate. The only way to avoid a mandatory alcohol interlock device condition is to successfully defend the charges.

First Offence

Offence description Penalties
BAC zero to less than 0.05:

– learner permit

– probationary

You will:

– receive a fine

– have your licence or permit cancelled*

– be disqualified from driving for 3 months

– have an alcohol interlock for a minimum of 6 months, managed by VicRoads#.

BAC zero to less than 0.05:

– full licence holder subject to zero BAC requirement

You will receive:

– a fine

– 10 demerit points.

BAC 0.05 to less than 0.07:

– full licence holder 26 years old or older;

– are not subject to a zero BAC requirement

You will receive:

– a fine

– 10 demerit points.

BAC 0.05 to less than 0.07:

– learner or probationary

– full licence holder subject to zero BAC requirement

– full licence holder less than 26 years old

You will:

– receive a fine

– have your licence or permit cancelled*

– be disqualified from driving for 6 months

– have an alcohol interlock for a minimum of 6 months, managed by VicRoads#.

BAC 0.07 to less than 0.10:

– all drivers

You will:

– receive a fine

– have your licence or permit cancelled*

– be disqualified from driving for 6 months

– have an alcohol interlock for a minimum of 6 months, managed by VicRoads#.

BAC 0.10 to less than 0.15:

– all drivers

You will need to go to court and will:

– receive a fine

– have your licence or permit cancelled*

– be disqualified from driving for 10-14 months

– have an alcohol interlock for a minimum of 6 months.

BAC 0.15 or more:

– all drivers

You will need to go to court and will:

– receive a fine

– have your licence or permit cancelled*

– be disqualified from driving for a minimum of 15 months

– have an alcohol interlock for a minimum of 6 months.

Non-BAC drink-driving offence
(See Note 1 below)
You will need to go to court and will:

– receive a fine

– have your licence or permit cancelled*

– be disqualified from driving for a period determined by the court

– have an alcohol interlock for a period determined by the court.

Non-road safety related offences that involve alcohol
(Community Sentencing Reform under Sentencing Act 1991)
You will need to go to court and will:

– receive a fine

– have your licence or permit cancelled*

– be disqualified from driving for a period determined by the court

– have an alcohol interlock for a period determined by the court.

 

 

First time offenders

If you lost your licence as a result of a drink driving offence committed after 1/10/14 and it was the only drink driving conviction within 10 years of the date you apply for a licence then you will automatically receive a 6 months interlock condition on your licence from VicRoads. The period of ten years is calculated from the date of conviction to the date of the application for a licence. The offence dates are not relevant.

Avoiding an Interlock

If your most recent offence is after 1/10/14 and you lost your licence, then the only way to avoid an interlock is to apply for an exemption on health grounds, that you are physically incapable of adhering to the usage of the device. This application will require a medical review to certify any possible exemption, however it could result in licence conditions or suspensions if such poor health makes the individual unfit to drive.