When a drink driver is a repeat offender, he will be ordered by the court to enroll in the alcohol interlock program.
A driver who is convicted for a second drink-driving offence must submit to the alcohol interlock program. Drivers who refuse to submit to a breath, blood or urine test to confirm the blood alcohol concentration and those drivers whose blood alcohol concentration exceeded 0.15% are also obliged to submit to alcohol interlock.
The convicted drink driver cannot drive any other car except the car which is registered with the alcohol interlock condition. The driver’s license will also reflect the alcohol interlock. The drink driver will then pay for the installation of the alcohol interlock device. The device prevents the driver from starting the car unless the driver’s breath registers 0.0% blood alcohol concentration.
There are some drink drivers who have been sentenced by a Magistrate’s Court to enlist in the alcohol interlock program but they do not apply for an alcohol interlock licence or alcohol interlock registration for their vehicle; they do not have the alcohol interlock device in their car. Other drivers register their vehicles and obtain an alcohol interlock registration for their car and an alcohol interlock licence but they drive with the alcohol interlock disengaged. What happens to these drivers?
The driver will be charged with an offence under Section 50AAD of the Road Safety Act 1986 (as amended by the Road Safety (Alcohol Interlocks) 2002). The recalcitrant drink driver will be penalized with a fine equivalent to 30 penalty units or imprisonment for up to four months. In cases where the recalcitrant driver is apprehended for driving in violation of the alcohol interlock condition, the drink driver’s car will be immobilized for 12 months. Immobilisation means that a wheel cap will be placed on your car and it will not be removed until after 12 months. Don’t try to mess with the alcohol interlock device or stubbornly refuse to have the alcohol interlock device installed as there are grave criminal penalties if you do. If you need legal advice about the alcohol interlock program, consult a criminal lawyer who can help you.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.