Speak to a Melbourne Criminal Lawyer If You Are Caught Driving Without an Interlock Device
A driver in Victoria who is convicted of an alcohol-associated driving offence may be required to have an interlock installed on his or her car. The interlock device prevents the ignition from starting if it detects even a trace of alcohol on the driver’s breath. The cost of installation and maintenance is the responsibility of the driver. In some cases, subsidies are offered to people with low incomes.
When an Interlock Device Is Ordered
If you do not drive, this type of interlock device is not mandated. The requirement is only applicable to anyone who wishes to drive. If your blood alcohol test for a first offence is less than 0.07%, this type of device is not a requirement.
If you are younger than 26 years of age and your blood test result was between 0.07% and 0.15%, an interlock device may be recommended for use for six months. Should the blood alcohol testing be 0.15% or higher or you are convicted of DUI, again, an interlock device may be ordered for at least six months.
The Time Increases Depending on the Offence
Should you be charged with a second or third offence, the penalties are even more severe. Depending on the percentage of alcohol that is found in the blood, the interlock device may be required for 12 months up to four or more years.
When Devices Can Be Removed
Drivers who are using devices have to keep using them until they obtain an order from the Magistrate’s Court for removal. Therefore, if you are required to get the device or you are caught driving without the device, you need to speak to a Melbourne criminal lawyer without delay.
Reissuance of Your Licence
If you do receive an order from the court that you need to install the device, the order will state that you can apply for a licence. However, the licence is subject to the interlock condition. First, you need to visit a VicRoads office for reissuance of your licence with the “I” or interlock condition.
Where to Obtain a List of Interlock Suppliers
VicRoads maintains a list of interlock suppliers through which you can have an installation made. You will need to have someone drive you and your auto to the supplier to have the device installed. Therefore, this is a good time to make sure that you are not driving the car yourself. This type of violation can really set you back legally.
Interlock Training Is Provided
After you arrive at the interlock dealer, you will be given extensive training on using the interlock device. You will also be instructed to bring the car back to the interlock dealer for any scheduled maintenance. The “I” condition can only be taken off your licence after you have met the conditions for the programme.
Contact a Lawyer Immediately
If the court imposed the interlock order, you will need to consult with a lawyer about setting up a hearing at the Magistrates’ Court to obtain a removal order. Any complications along these lines, such as driving without the interlock device in place, should be addressed with a criminal law firm immediately.