Published in the Coffs Coast Advocate on 14 March 2015

untitledJohn was celebrating at his local bowling club after a successful day’s play. He and his friends each consumed three schooners of beer within a couple of hours.

His friends decided to walk home but John regrettably decided to drive. Not long after leaving the bowling club, John was pulled over by the police and subjected to a random breath test. Unfortunately, John obtained a road-side reading of 0.09. He was arrested and charged with a mid-range PCA (prescribed concentration of alcohol) offence.

John had committed a previous mid-range offence four years ago. In relation to this earlier offence, John attended court and after completing the Traffic Offenders Intervention Programme (TOIP), he was successful in having his disqualification period reduced from the automatic 12 months to the minimum for a first offence, being 6 months.

John consults his solicitor regarding the likely penalties that will be imposed in relation to his latest offence. He is informed that because he has committed a second mid-range offence within five years, he will now be ordered to participate in the mandatory alcohol interlock program. The solicitor explains to John that serious drink driving offences committed on or after 1 February 2015 attract a mandatory interlock order.

This means that John will need to have an interlock device fitted to his vehicle and will only be able to drive a vehicle equipped with an interlock device. The device prevents the ignition system from functioning if the driver’s breath returns any reading for alcohol. He is advised that the cost of participating in the interlock program is approximately $2,200 per year but that as a holder of a concession card, he is entitled to a discount of 35%.

John is advised that he will still receive a licence disqualification period of between 6 and 9 months and that in addition to the disqualification period, he will then need to participate in the interlock period for a minimum of 24 months.

If John fails to comply with the interlock order, his licence can be disqualified for an additional five years.

John also stands to receive a fine of up to $3,300.