September 2021 the Queensland Government changed the interlock program for people disqualified from driving for high risk driving offences whose disqualification ends on or after 9 September 2021. These changes mean a stricter monitoring and more compliance.
Understanding High Risk Driving Offences
You are considered to have committed a high risk driving offence if you’ve been convicted of any of the following:
- Driving or being in charge of a motor vehicle whilst under the influence of alcohol
- Driving or being in charge of a motor vehicle whilst over the middle alcohol limit (for offences committed on or after 10 September 2021)
- Driving whilst affected by alcohol
- Failing to provide a specimen of blood or breath for analysis
- Two or more drink driving offences in a 5 year period
Repeat offenses can lead to increased penalties and longer periods of device usage, ultimately aiming to enhance road safety.
Note: The Department of Transport and Main Roads in Queensland govern interlock requirements and compliance. The court does not make an order for a convicted offender to participate in the interlock program. But if you don’t comply with interlock requirements you can’t apply for a new licence at the end of your disqualification and must wait 5 years before you can apply again.
Definition of a High-Risk Driving Offence
A high-risk driving offence refers to a serious traffic violation that significantly endangers road safety. These offences often involve reckless or negligent behavior, such as driving under the influence of alcohol or drugs, excessive speeding, or reckless endangerment. High-risk driving offences are treated with utmost severity due to their potential to cause harm to the driver, passengers, and other road users. The consequences of such offences can be severe, including hefty fines, license suspension, and even imprisonment, reflecting the gravity of the threat they pose to public safety.
Types of High-Risk Driving Offences
Dangerous driving offences can be categorised into several types, each representing a different form of dangerous behavior on the road:
- Drink Driving Offences: These involve operating a vehicle while under the influence of alcohol or drugs. Such offences are particularly dangerous as they impair the driver’s ability to make sound judgments and react promptly to road conditions.
- Reckless Driving Offences: These include driving in a reckless or negligent manner, such as speeding, tailgating, or running red lights. Reckless driving shows a blatant disregard for traffic laws and the safety of others.
- Repeat Offences: These involve committing multiple traffic violations within a short period, demonstrating a pattern of reckless or negligent behavior. Repeat offenders are often subject to harsher penalties due to their continued disregard for road safety.
- High-Speed Offences: These involve driving at excessive speeds, which significantly increases the risk of accidents and endangers other road users. High-speed driving reduces the driver’s ability to control the vehicle and react to unexpected situations.
Consequences of High-Risk Driving Offences
The consequences of high-risk driving offences are severe and can have long-lasting impacts on the offender’s life. These may include:
- Fines and Penalties: High-risk driving offences can result in substantial fines and penalties, including the suspension or revocation of the driver’s license. These financial and legal repercussions serve as a deterrent to prevent future violations.
- Imprisonment: In severe cases, particularly where the offence results in injury or death, high-risk driving offences can lead to imprisonment. This reflects the serious nature of these offences and their potential to cause significant harm.
- Interlock Device Installation: Offenders may be required to install an interlock device in their vehicle. This device prevents the vehicle from starting if the driver’s blood alcohol concentration (BAC) is above a certain level, thereby reducing the risk of repeat offences.
- Increased Insurance Premiums: High-risk driving offences can lead to increased insurance premiums, as the driver is deemed a higher risk to insure. This financial burden can be a significant consequence of reckless driving behavior.
Performance Based Alcohol Ignition Interlock Program
The Time Based Alcohol Ignition Interlock Program was replaced on 9 September 2021 with the Performance Based Alcohol Ignition Interlock Program. Alcohol ignition interlocks are designed to help individuals separate drinking from driving once they regain their driving privileges. This new program means the Department of Transport will monitor interlock use data. The data will show if you have complied with your interlock requirements and includes:
- All required samples have been provided
- Any positive readings
The alcohol interlock program requires offenders to demonstrate responsible driving behavior through the use of an alcohol interlock device that analyses breath samples for alcohol before allowing the vehicle to start.
The program has two parts:
- Learning Period (8 months)
- Performance Period (4 months)
The alcohol interlock device functions as an electronic breath-testing system connected to a vehicle’s ignition, preventing operation under the influence and ensuring ongoing sobriety through random checks during a drive.
During the performance period the Department will monitor interlock use. If you don’t comply with any part of the program the 4 month performance period will reset and the whole period will be extended. The alcohol interlock program is a mandatory step for regaining driving privileges, detailing the associated costs, processes, and monitoring that ensure compliance and promote responsible driving behavior. This discretion to extend the interlock period applies to both the old time based program and the new performance based program. The interlock provider will notify the Department of Transport if you have attended all scheduled service appointments. The implications of failing a breath test, how the device reacts to alcohol detection, and the consequences of repeated failures are also considered.
Restricted Licence Applications
The 2021 changes also added mid range drink driving to the list of high risk driving offences. This has affected people charged with mid range drink driving who want to apply for a work licence. From September 2021 they must install an interlock device on the vehicle they intend to drive and be in the interlock program before they can be granted a work licence. Offenders can seek assistance for failed tests and installation procedures at a service centre.
Exemptions from the Interlock Program
There are some grounds for exemption applications:
- Live more than 150 km from the closest interlock provider
- Having a medical condition that prevents you from providing a breath sample
- Severe financial hardship
You must apply to the chief executive for an exemption. Remember if you are under an interlock condition it is an offence to drive a motor vehicle not fitted with an interlock device. This offence attracts a fine and further disqualification. Missed retests may lead to returning to the service center for an unscheduled service, and certain violations can trigger an early unscheduled service requirement.
State-Specific Interlock Programs
Interlock programs vary by state, with each state having its own specific requirements and regulations. For instance, Queensland has a mandatory interlock program for high-risk driving offenders, ensuring that those convicted of serious offences must have an interlock device installed in their vehicle. Other states may have voluntary programs or different criteria for interlock device installation. Understanding the specific requirements of your state is crucial for compliance and for taking the necessary steps to regain driving privileges.
FAQs
Can I drive a work vehicle without an interlock device?
No. If you are required to have an interlock device you can only drive vehicles fitted with one. This includes work vehicles. But there may be some exemptions in certain circumstances. Contact the Department of Transport or a lawyer for advice on your situation.
The cost of an interlock device varies but you can expect to pay: Maintaining the ignition interlock device according to manufacturer recommendations is important to avoid false violations and potential penalties.
Can I get off interlock early?
In most cases no. The program is designed to be completed over a certain period. But in exceptional circumstances you may be able to apply for an exemption or early removal. This would usually require you to show significant hardship or a change in circumstances. Always contact the relevant authority or a lawyer before assuming you can get off the program early. But this can be extended if you don’t comply with the program. Repeat offenses can lead to increased penalties and longer periods of device usage, ultimately aiming to enhance road safety.
What happens if I get a violation on interlock?
If you get a violation on your interlock device:
- The performance period may reset and extend your overall time on the program.
- You may get a warning or be required to attend additional counseling or education programs.
- In extreme cases or multiple violations you could face further legal penalties including fines or licence suspension.
You must take all interlock requirements seriously and avoid any violations.
How much does an interlock cost?
The cost of an interlock device varies but you can expect to pay:
- Installation fee: $200-$300
- Monthly rental and monitoring fee: $150-$200
- Removal fee: $100-$150
These are rough estimates and actual costs may vary depending on the provider and your situation. Some providers may offer payment plans to help with these costs.
How long will I have an interlock for?
The standard interlock period in Queensland is:
- 8 month learning period
- 4 month performance period
But this can be extended if you don’t comply with the program. In some cases especially for repeat offenders or more serious offences the interlock period may be longer. Remember every case is different and this information is not legal advice. For specific advice on your situation always contact a lawyer. If you have any questions or need further information contact us for a free consultation.
Summary and Final Thoughts
High-risk driving offences pose a significant threat to road safety and can result in severe consequences, including fines, license suspension, and imprisonment. Interlock programs, such as the Queensland Alcohol Ignition Interlock Program, aim to prevent repeat offences by requiring high-risk driving offenders to install an interlock device in their vehicle. By understanding the definition, types, and consequences of high-risk driving offences, as well as state-specific interlock programs, drivers can take steps to reduce their risk of committing a high-risk driving offence and stay safe on the roads.
