Mandatory Interlock Program

The Mandatory Interlock Program came into force from 1 February 2015. All licences are included under the program including cars, motorcycles, heavy vehicles, boats etc.  Participation in the Mandatory Interlock Program effectively results in a shorter period of disqualification than would otherwise be imposed and a longer participation period in the program.

Participation in the Mandatory Interlock Program consists of having a device fitted in your vehicle by an approved provider, which only allows you to operate the vehicle should a reading of a nil alcohol be registered. The device may, at random times during driving, will require you to provide a sample – this is done by blowing into the device.

If there is any alcohol in your breath, the vehicle will turn off and you won’t be able to restart the vehicle.  All tests are kept in a log and this can be accessed by Police. It is compulsory that all devices be regularly inspected and maintained every 30 days.

Individuals will be subject to the new provisions and associated disqualification and participation periods if they are convicted of any of the following charges:-

  1. Low Range PCA (2nd offence): A disqualification period of 1 – 3 months, Interlock period for a minimum of 12 Months.
  1. Mid Range PCA (2nd offence): A disqualification period of 6 – 9 months, Interlock period for a minimum of 24 months.
  1. High Range PCA: A disqualification period of 6 – 9 months, Interlock period for a minimum of 24 months.
  1. High Range PCA (2nd offence): A disqualification period of 9 – 12 months, Interlock period for a minimum of 48 months
  1. Driving Under Influence (second offence): A disqualification period of 6 – 9 months, Interlock period for a minimum of 24 months.
  1. Refuse/fail to provide sample: A disqualification period of 6 – 9 months, Interlock period for a minimum of 24 months.
  1. Refuse/fail to provide sample (2nd offence): A disqualification period of 9 – 12 months, Interlock period for a minimum of 48 months

In addition to the fine imposed by the court, the Mandatory Interlock Program involves the initial cost of $2,200.00 plus all maintenance fees that are necessary. Concessions may apply for individuals that are holders of particular concession cards.

If you do not comply with the Mandatory Interlock Program, a disqualification period of five (5) years may apply.

Exemptions apply under strict circumstances including having no access to a vehicle and/or the individual having a medical condition that prevents them from giving a sufficient sample. Should an exemption to the program be granted, the driver will still have to serve a disqualification period.

The team at Adams and Partners have vast experience in dealing with Prescribed Concentration of Alcohol (“PCA”) and other driving matters. We are able to assist you in preparing and representing you at court to ensure the best possible outcome is achieved.

Mark is an experienced criminal and family law solicitor with Adams & Partners Lawyers, having recently joined us towards the end of 2016. He based out of Penrith and Parramatta.

About Mark Kyrakos

Mark is an experienced criminal and family law solicitor with Adams & Partners Lawyers, having recently joined us towards the end of 2016. He based out of Penrith and Parramatta.