VICTORIA STRENGTHENS LAWS AGAINST DRINK-DRIVERS

Victoria has expanded the application of its Alcohol Interlock Program with a view to making its roads safer.

The change in law relates to drink-driving offences committed in Victoria on and after 1 October 2014 and sees more drink-driving offences carrying mandatory interlock licence conditions.

All drink-driving offenders who have their licence or learner permit cancelled due to a drink-driving offence will be required to install an alcohol interlock device in any vehicle they drive or ride as a condition of being relicensed.

An alcohol interlock device is a breath-testing device that prevents a motor vehicle from being started unless the driver of the vehicle returns a zero Blood Alcohol Concentration (BAC) reading.

The period imposed for the interlock licence condition varies depending upon the circumstances of the particular case, however, the absolute minimum period is 6 months. There are also strict rules for the removal of the interlock licence condition that, if not complied with, will see the offender serve a further period with the condition.

The cost to an offender of installing the device, having it serviced, maintained, removed and paying the monthly cost recovery fee can be quite onerous, estimated at $1,600.00 for a 6 month period.

Previously, many drink-driving offenders (namely, first time offenders aged 26 and older with BAC readings of 0.07 or more, but less than 0.15), escaped the imposition of an interlock licence condition upon being relicensed.

Now, the only drink-driving offenders who may escape the interlock licence condition are fully licensed first time offenders who:

Are 26 years of age or older, not subject to a zero BAC licence condition and with a BAC reading of 0.05 or more, but less than 0.07; or
Are subject to a zero BAC licence condition and with a BAC reading under 0.05.

For experienced legal advice on drink-driving or any other traffic or criminal matter, contact the solicitors at Burt & Hanke Legal in Albury.