Interlock Driver Licence for Pca and Dui Offenders

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Recent New South Wales (Nsw) statistics show that over 15 percent of drink-drivers return to court for someone else drink-driving offence within five years (Bureau of Crime Statistics and Research, Nsw, 9 December 2009). In many cases, the second offence is committed just a few months after the driver has regained his or her driver licence following disqualification for the first offence. Such drivers pose a serious risk to themselves and other road-users.

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However, since September 2003, the Nsw Alcohol Interlock agenda has given some drink-drivers the opening to rehabilitate themselves. After a specified period of disqualification (the "disqualification compliance period"), which is significantly shorter than the statutory minimum disqualification period for the relevant offence, an eligible offender may activate driving a vehicle fitted with an approved alcohol interlock device. This is branch to the offender attending a healing consultation, obtaining an interlock driver licence, and complying with the interlock agenda requirements.

An offender's eligibility for the agenda must be considered by the sentencing magistrate, but participation is entirely voluntary. Where an offender decides not to enter the program, he or she will serve the full period of disqualification imposed at sentencing. Otherwise, after waiting out the disqualification compliance period, the offender's disqualification can then be suspended for the "interlock participation period." That participation period is considered by the magistrate, separately from the disqualification period, or else a minimum participation period will apply.

The approved interlock gadget prevents a vehicle starting, until its driver passes a breath test by blowing into the mouthpiece of the device. Safeguards reduce the risk of the vehicle being driven by an intoxicated driver, even if the vehicle is started by a sober bystander. Failed breath tests may immobilise the vehicle.

As Nsw does not have a work licence regime (whereby disqualified drivers can gather a temporary or restricted licence to enable them to drive in association with approved employment), the Nsw Alcohol Interlock agenda is a life-line for some disqualified drivers who otherwise might be joining the dole queue. However, the fact that some drivers then leave the agenda voluntarily is an indication of the challenges faced by drivers who have not fully addressed their alcohol dependency.

Note: Roads and nautical Services, the government division in Nsw responsible for driver licensing, will not issue an interlock driver licence in definite circumstances such as where the applicant has excellent unpaid fines. Where applicable, a lawyer can propose you concerning your own personal eligibility to share in the Nsw Alcohol Interlock Program.

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