Should my son agree to an interlock device?
My son is 35 and facing his third drink driving charge. He is not an alcoholic but tends to turn to alcohol during times of stress. He and his wife have a disabled son which often puts a great deal of pressure on his marriage. This time he was caught driving with mid-range PCA .09 after a few drinks with colleagues after work which extended into a party. I’m not only worried he’ll lose his licence for an extended period but also that he might go to jail. His lawyer has suggested he agree to a program which I understand involves an alcohol measuring device fitted to his car but I’d like to know more about it.
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
- Answer by Graeme Morrison of Graeme Morrison Law, Wollongong NSW
- The Alcohol Interlock Program which operates in several states is a relatively new initiative to address drink driving. While it has many advantages it is not a ‘get out of jail free’ card.
- The program does allow an offender to drive under strict conditions for a set period once a shorter than usual disqualification period has been served.
- However during that set period the offender can only drive a car that has been fitted with a device that prevents the car from starting if the driver’s blood alcohol concentration reaches .02.
- It is not suitable for everybody because it involves complex legal rights and obligations which your lawyer will no doubt explain to your son.
- It is also quite expensive with all costs carried by the offender. These include installing the device and monthly calibrations.
- From a community point of view this program aims to reduce the number of repeat offenders on the road. From an offender’s perspective it allows those who have a real need for a licence to be back on the road more quickly. Perhaps even more important it also offers the offender a more holistic approach to their problem. Before an offender has the device installed the law requires them to attend a medical consultation about their alcohol consumption.
- The program is normally in place for between two and four years but the court has the power to extend that period.