Drink driving is a serious offence that puts lives at risk, and in South Australia, there are strict laws in place to deter drivers from getting behind the wheel while under the influence of alcohol.
One of the measures implemented to combat drink driving is the Alcohol Interlock Scheme. This blog explores what the Alcohol Interlock Scheme is, how it works, and why reducing the incidence of drink driving on South Australia's roads matters.
What is the Alcohol Interlock Scheme?
The Alcohol Interlock Scheme is a mandatory requirement for South Australian drivers disqualified from driving following a serious drink driving offence. The scheme applies to those drivers that have been charged with:
• a first Prescribed Concentration of Alcohol (PCA) offence with a blood alcohol reading of 0.15 or greater (ie. category 3 offence);
• a second or subsequent PCA offence with a reading of 0.08 or greater (ie. category 2 offence);
• drivers who refuse to submit to a breath or blood test for alcohol; or
• driving under the influence.
How does the scheme work?
After the offender has served their disqualification period, and before they can resume driving, they must have an alcohol interlock fitted to their vehicle’s ignition.
The interlock is a small breath-testing device which measures the level of alcohol in the driver’s system. If the sample is below the legal alcohol limit, the vehicle will start, allowing the driver to drive legally. However, if the sample exceeds the PCA limit, the vehicle will not start, preventing the driver from drink driving. If this is the case, the device will record the attempt and may result in your period on the scheme being extended.
The interlock remains fitted for the same length of time as the driver’s disqualification period.
What costs and conditions apply?
The alcohol interlock must be fitted by an approved provider. Drivers are responsible for all costs associated with the installation (approx. $400), rental (approx. $160 p/m), servicing, and removal (approx. $150) of the device.
Some of the scheme’s conditions prevent drivers from:
• driving a motor vehicle other than the vehicle nominated;
• driving the nominated vehicle unless it is fitted with a properly installed and functioning interlock;
• interfering with the interlock;
• driving without carrying a certificate issued by the interlock provider; and
• driving without P plates displayed.
If drivers are found to have breached any of the conditions, a maximum penalty of $2,500 and further disqualification can apply.
What penalties apply for drink driving?
Under South Australian law, drink driving with a blood alcohol concentration between 0.08 and 0.149, will result in the immediate loss of your licence for a period of 6 months, and 12 months for a reading of 0.15 or more. Loss of licence for second and subsequent offences of between 0.05 and 0.079 also applies. Loss of demerit points and heavy fines also apply for drink driving offences.
Why does the scheme matter?
The Alcohol Interlock Scheme is an effective tool in reducing drink driving incidents in South Australia. It not only prevents drivers from starting their vehicle while under the influence of alcohol but also acts as a deterrent for others. The program also ensures that offenders who participate are closely monitored and must remain sober while driving, significantly reducing the risk of accidents and fatalities on the roads.
How can a lawyer help?
If drivers are charged with an offence, a Scammell & Co lawyer can help you navigate the justice system and represent you in any court proceedings. They will fully examine your situation (including the material facts and circumstances surrounding the offending). They will undertake any negotiations with Police Prosecution, pursue your defence at a trial, or prepare and conduct submissions in mitigation of penalty and if appropriate, an application for no conviction to be recorded.
For further information about Scammell & Co's legal services for Criminal, Police and Traffic matters please follow the link: HERE
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.
