LEGAL LINES
ALCOHOL INTERLOCK DEVICES
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ince 1 July 2018, alcohol interlock devices (interlocks) have been mandatory in sentencing for high-risk first time and recidivist drink driving offenders. Interlocks are a device similar to a breathalyser, that must be blown into before the vehicle will start. During the journey, the device will also ask for another test at some point to ensure the person driving the vehicle is sober.
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Qualifying offences You will be caught by the alcohol interlock legislation if you are convicted of an offence and: a) You have been convicted of having at or over 800μg of alcohol per litre of breath; or b) You have been convicted of having at or over 160mg of alcohol per 100ml of blood; or c) You have been convicted of any of the following two offences within five years: • driving with excess breath or blood alcohol • driving with excess breath or blood alcohol being a person under 20 years old • driving under the influence of alcohol or drugs • failing to give a blood specimen • failing to undergo a compulsory impairment test, or • driving with excess breath alcohol causing injury or death. There is at least a 28-day stand down period in most cases before you can get an interlock device installed and you are disqualified from driving until it has been installed. You cannot exit the programme until a minimum of 12 months has expired provided that you have not attempted to drive with alcohol in your system or tampered with the interlock device for a specified period. Then you must apply for a zero-alcohol licence, which is compulsory for three years.
Who is exempted Even if a person qualifies for an interlock, they are exempt from applying if any of the following conditions apply:
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makes the person incapable of providing a valid breath sample they live in a non-serviced area and cannot be serviced remotely they have never held a New Zealand driver licence their licence has been revoked or suspended (except if suspended for excess demerit points or for a 28-day roadside suspension) they are not likely to have lawful possession of a motor vehicle “to the extent of being able to use it and fit it with an alcohol interlock device” they are not likely to have lawful possession of a vehicle “that is technically able to be fitted with an alcohol interlock device”
In reality, the majority of people are going to fall into the last two categories. If you find that you cannot afford the service fees associated with an interlock, then it is advisable to dispose of your vehicle so that you can’t be ordered to have the device installed. A common misapprehension is that if you wait long enough, the sentence will go away and the requirement to have the interlock installed will pass. In fact, the consequences of being ordered to have an interlock installed and failing to do so are that you effectively remain permanently disqualified, which could amount to a lifetime ban on driving. In my opinion, information packs should be provided to offenders prior to sentencing so that people understand exactly what they are getting themselves into before it’s too late. This would avoid confusion, which often results in defendants returning to court to ask to be re-sentenced because they didn’t appreciate how onerous their obligations would be once the interlock was required to be installed.
What is the cost An interlock costs around $2500 for a year and interlock providers estimate that 70% of their clients say that they cannot afford the device. A subsidy scheme for lower income drivers has been introduced, which means that if you meet the financial eligibility criteria you do not have to pay for the alcohol interlock licence, its installation into your vehicle and the monthly servicing fee will be discounted by $50. The subsidy will last 15 months and will not be extended beyond this. People are eligible for a subsidy if they are: 1. entitled to receive a sole parent support, supported living payment, a community wage, an emergency benefit, veteran’s pension, youth payment or young parent payment, or 2. entitled to receive weekly income compensation under the Veteran’s Support Act 2014, or 3. their family income or superannuation income are within the same limits that would make you eligible for a community services card. Despite the subsidy it appears that cost will remain a barrier for a significant proportion of people because the financial threshold for obtaining the subsidy has been set very low. In addition to this, if participants miss more than one monthly service in a row, their subsidy may stop. Between July 2018 and January 2019, 2309 interlock sentences were handed down but on average only 30% of all interlocks were subsidised. Considering the evidence of the effectiveness of interlocks at stopping attempted drink driving, perhaps further means of testing is needed in order to allow more people to successfully complete the programme.
Please note that this article is not a substitute for legal advice, and if you have a particular matter that needs to be addressed, you should consult a lawyer. Danielle Beston is a barrister who specialises in transport law. Contact her on (09) 379 7658 or 021 326 642
