If you have been charged with an alcohol related driving offence there is a high chance you will be entered into the mandatory interlock program. The interlock program requires those who have been convicted of drink driving to obtain a conditional licence permitting them to drive a vehicle with an interlock device installed.
The introduction of mandatory interlock programs is a positive for some drivers as the disqualification period available to the court is shorter. However, the interlock program can cause a significant difficulty for people who drive company cars or are required to drive multiple vehicles due to their employment.
Interlock Exemption Orders
Individuals can apply for an exemption to the interlock program which will allow them to serve a disqualification period and not have an interlock device fitted to their car. The legal test the court must consider when considering whether to grant an interlock exemption changes depending on whether the individual has been charged with mid-range drink driving or high range drink driving.
If you have been charged with mid-range drink driving and it is your first offence, the test for applying for an exemption is less onerous. An individual must prove that:
- the interlock program will cause severe hardship; and
- an exemption to the interlock program is more appropriate in all the circumstances.
If you have been charged with any other alcohol related offence, the test is more difficult. An individual must prove that:
- they don't have access to a car; or
- they have a medical condition preventing them from entering the program.
We have successfully argued for truck drivers and tradesman to be exempt from interlock orders due to the restrictions on their employment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.