How South Australia's Alcohol Interlock Scheme works and why it matters

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.

Drug-driving offences are on the rise and so too are the penalties. Here's what you need to know.

Latest SA Police figures indicate that improved drug testing processes have led to more drug-driving detections than ever before. In 2020, drug-driving detections totalled 5,500, compared to 2,284 in 2011.

By comparison, drink-driving offences have fallen, with the number of drivers caught with a blood-alcohol reading above the 0.05 limit down by 56 per cent, from 16,112 in 2011 to 7,059 in 2020.

Someone is guilty of an offence if the police can prove beyond reasonable doubt that they have driven, or attempted to drive, a motor vehicle with any amount of a prescribed drug in their system. Police can require a driver to undergo a random roadside drug-screening (saliva) test, so long as an alco-test or breath analysis has been conducted first. These tests can detect THC (cannabis), Methylamphetamine (speed, ice or crystal meth) and MDMA (ecstasy).

If the alleged offender tests positive to one of these substances, they cannot drive until the drug is undetectable in their system. Many drugs can remain in the system for hours or even days after they have been taken. If the saliva test indicates the presence of a prescribed drug, an oral fluid sample will be taken and sent to a laboratory for testing. This formal process can take several weeks to complete. In the meantime, the alleged offender cannot be fined or charged until a positive result is confirmed.

It may be a defence to a drug-driving offence, if the alleged offender raises a defence at a trial that they did not knowingly consume the prescribed drug present in the defendant's oral fluid or blood and prosecution cannot prove beyond reasonable doubt that this was not the case.

For a first drug-driving offence, if an expiation notice is issued by the police, the person will receive an $803 fine and disqualification period of 3 months. If the alleged offender is charged with a drug-driving offence or elects to be prosecuted for a first offence, the court will impose a minimum fine of $900 and a minimum disqualification period of 6 months if they are convicted of the offence. If it is alleged the person committed this offence while a child under 16 years was also present in their vehicle, the same penalties apply as if the person was charged with driving with a prescribed drug in oral fluid or blood and the fine will range between $600 and $1300, and a disqualification period between a minimum of 3 months and 6 months will be imposed, depending on whether it is expiated, or the person is charged/elects to be prosecuted and is convicted of the offence in court.

Penalties are higher if the offender has previous drug-driving convictions. If the offender held a full licence, they will be issued with a probationary licence at the time they reapply for their licence. The offender will also incur 4 demerit points for the offence.

A court may reduce a disqualification period in limited circumstances where the offending is considered trifling. It is advisable to seek legal advice before paying an expiation notice or attending court for a drug driving charge. Engaging the services of a Scammell & Co Police and Traffic Offence lawyer will give you the best chance possible of achieving the most favourable outcome.

For further information on driving and traffic offences and how a Scammell & Co lawyer can assist you, click here.

For further information on driving laws and driving offence penalties in South Australia, click here.

*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.