On 1 February 2015, new legislation came into force in NSW which imposed stricter requirements on individuals convicted of high range or repeat PCA offences. The mandatory program was introduced in an effort to reduce drink driving in the state of NSW, particularly among repeat offenders.
The effect of the new legislation is the requirement that an individual who is subject to the new laws must install an alcohol interlock device to their vehicle. An Alcohol Interlock Device is an instrument which measures the blood alcohol level of the driver by testing a breath sample. The device is connected to the ignition of the vehicle which will not start unless a negative reading for alcohol is provided, randomly timed breath tests must also be passed while you drive. A holder of an interlock license is only permitted to drive a vehicle which has the interlock device fitted.
Under the new legislation the minimum participation period for the interlock program is 12 months and the court has the discretion to increase this period. Any interlock order will also include a minimum license disqualification period. If an individual fails to comply with an interlock order and does not install the device a disqualification period of 5 years will apply. In limited circumstances the court may provide an exemption from participating in the program if the offender has a diagnosed medical condition (that prevents the offender from providing a sufficient sample) or the offender does not have access to a vehicle.
There are significant costs associated with the installation/removal and maintenance of the device which must be paid by the participant, such costs are estimated at approximately $2,200.00 per year and there are several accredited interlock service providers in NSW (concession rates and severe financial hardship arrangements may apply).
The interlock device records positive readings and participants who fail breath tests in the last six months program can be referred for a Fitness to Drive medical assessment before being eligible to hold a license with an interlock condition. If the driver fails the assessment, the Roads and Maritime Services may extend a participant’s time in the interlock program by a further six months.
The period of interlock participation may also be extended by the Roads and Maritime Services if a driver’s licence has been suspended during their participation on the program, or if they are convicted of driving a vehicle without an interlock installed.
Call Antwan Lawyers today to discuss your matter and how these Legislative changes may affect you.