Breaching Alcohol Interlock Conditions in NSW

The NSW Alcohol Interlock Program is mandatory for certain drink-driving offenders, including those with mid-range, high-range, repeat, or serious offences. Participants must install a breath-testing device in their vehicle and hold an interlock driver’s licence.

In New South Wales (NSW), breaking the rules of an alcohol interlock order is a serious legal issue. It can lead to penalties including fines, imprisonment, licence suspension, or disqualification. The severity of the consequences depends on how the rule was broken.

Offences include driving without using the interlock device, refusing to give a breath sample, attempting to tamper with or bypass the device, or recording any alcohol in your system while driving.  Penalties can include fines, up to two years in prison, extended interlock periods, license suspension, or full disqualification from driving. The interlock requirement typically lasts between 12 months and 4 years but can be extended if conditions are not met. Drivers are only allowed to operate the vehicle fitted with the interlock. Driving any other vehicle during this period is prohibited.

Device Functionality:

The interlock system prevents a vehicle from starting if it detects alcohol in the driver’s breath. It also logs every attempt to start the car and monitors ongoing breath tests during the drive.

Zero Alcohol Limit:

Drivers in the program must maintain a blood alcohol concentration (BAC) of zero while driving. Even a small amount of alcohol can trigger a breach.

Courts may grant interlock exemption orders in certain cases. If exempted, the offender may instead be disqualified from driving and required to complete a rehabilitation course, such as the Sober Driver Program. Courts may also impose an interlock requirement for offences like dangerous driving, or causing death or injury due to dangerous or aggravated driving.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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