Have You Been Charged with a Breach of Alcohol Interlock Condition?
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What Does It Mean to Be Charged with a Breach of Alcohol Interlock Condition?
Being charged with a breach of alcohol interlock condition is a serious matter under section 50AAD(1) of the Road Safety Act 1986 (“RSA”). This charge applies when an individual fails to comply with the requirements of an approved alcohol interlock device installed in their vehicle. These requirements are typically imposed on individuals who have been convicted of alcohol-related driving offences as part of the Victorian Alcohol Interlock Program.
Key Points About Alcohol Interlock Conditions:
- Individuals with an alcohol interlock condition may drive vehicles without an interlock device under specific circumstances, such as during a driving assessment or while supervised by a driving instructor (s50AAD(3B)).
- The duration of an alcohol interlock condition varies based on driving history:
- First-time offenders: Minimum of 6 months.
- Repeat offenders: Duration depends on prior driving convictions within the last 10 years.
Key Elements of the Offence:
Under section 50AAD(1), you may be guilty of breaching your alcohol interlock condition if you:
- Remove the device or have someone else provide a breath sample.
- Drive a vehicle equipped with an alcohol interlock that was started:
- With the interlock disengaged.
- In a way that doesn’t follow the manufacturer’s instructions.
- Without blowing directly into the correct part of the interlock.
What the Prosecution Must Prove:
To convict you for breaching an alcohol interlock condition, the prosecution must establish the following elements beyond a reasonable doubt:
- You hold a driver licence or learner permit subject to an alcohol interlock condition.
- You breached that condition in one of the specified ways outlined in section 50AAD(1).
- You drove a motor vehicle fitted with an alcohol interlock device that was improperly started (if applicable).
Penalties for Breaching an Alcohol Interlock Condition:
If found guilty, you could face severe penalties, including:
- A fine of up to 240 penalty units
- Imprisonment for up to 2 years.
- Additional penalties, such as disqualification from holding a driver’s licence.
- Potential immobilisation of your vehicle for up to 12 months (s50AAD(4)).
Where Will My Case Be Heard?
Charges related to breaching an interlock condition will be heard in the Magistrates Court.
Possible Defences:
Defences to a breach of alcohol interlock conditions include:
- Sudden emergency: If breaching the condition was necessary to avoid harm.
- Necessity: If you had no reasonable alternative but to breach the condition.
- Duress: If you were forced to breach the condition under threat.
- Factual dispute: Challenging the accuracy of the prosecution’s evidence.
Additional Factors to Consider:
- Did you breach the interlock system?
- Was the breach due to an emergency?
- Was the breach intentional or unintentional?
- What is your history of drink driving?
- Do you have previous breaches of interlock conditions?
- How intoxicated were you at the time?
- What were the circumstances surrounding the offence?
Alcohol Interlock Exemptions:
In Victoria, the only exemption from using an alcohol interlock device is for medical reasons (s50AAAD of the RSA). If you believe you qualify, consult an experienced traffic offence lawyer to assist with your application.
Steps to Apply for an Exemption:
- Attempt to use all available interlock types, including any special attachments.
- Request reports from alcohol interlock suppliers regarding your inability to use the devices.
- Complete a VicRoads application form, including your declaration.
- Obtain a report from a qualified health practitioner stating your inability to use the interlock.
- Submit all documentation to VicRoads, keeping copies for your records.
- Await VicRoads’ response.
If your exemption is granted, you will still need to maintain a zero-blood alcohol concentration while driving, marked with a ‘Z’ condition on your licence.
Removing the Alcohol Interlock Condition:
After completing the alcohol interlock program, you can apply to VicRoads to have the ‘I’ condition removed. VicRoads will review your interlock data and violations.
To have the condition removed, you must show at least five violation-free months of use. If your application is denied, VicRoads will provide reasons, and you can request an internal review or seek a direction hearing in the Magistrates’ Court.
Behaviour Change Programs:
You may need to complete a Behaviour Change Program to help understand and prevent reoffending before your alcohol interlock condition is removed.
Can I Drive a Work Vehicle Without an Alcohol Interlock?
No, if your licence has an interlock condition, you may only drive vehicles equipped with an alcohol interlock device. Inform your employer of your interlock condition. While employers may install interlocks in work vehicles, they are not required to do so.
Driving without the appropriate interlock can result in serious penalties, including fines and imprisonment. Compliance with all relevant rules and conditions is critical.
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What happens next?
If you have been charged with breaching your alcohol interlock condition, seeking legal representation is crucial. Contact MK Law for expert guidance throughout the legal process, beginning with your required court appearance.
Your lawyer will review the evidence, develop a defence strategy, and explore potential mitigating factors if found guilty. Whether you plead guilty or not, having experienced legal counsel is essential to protecting your rights.
Don’t hesitate to reach out to MK Law at 1800 130 120 for a consultation to discuss your situation and determine the best course of action.
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