Alcohol Interlock

An alcohol interlock device is a breathalyser which is wired into a client’s vehicle ignition. This can be wired into a car or truck. The mechanics of the interlock device require the driver of the vehicle to provide a breath sample into the device before the vehicle starts. In other words, if the interlock device detects any alcohol, it won’t start.

An alcohol interlock sentence must be imposed at sentencing if a client’s breath alcohol reading is equal to or over 800 micrograms of alcohol per litre of breath or 160 milligrams of alcohol per 100 millilitres of blood (the blood equivalent). Alternatively, if a person has two offences concerning alcohol within a five-year period (irrespective of the readings) an alcohol interlock sentence must be imposed.

It is important to note that the alcohol interlock sentencing process is a completely separate issue from any roadside suspension. However, often, they both run hand-in-hand. If a client’s breath alcohol reading exceeds 650 micrograms of alcohol per litre of breath or 130 milligrams of alcohol per 100 millilitres of blood (the blood equivalent), they are issued a 28-day mandatory roadside suspension. This occurs at the time of the offence.

However, the alcohol interlock sentencing process is a completely separate issue from a roadside suspension. It occurs at the sentencing stage, which is the last part of the court process. To apply an example of how this may work: a client may be sentenced on 1 March. If that occurs, one part of the alcohol interlock sentence will require the client to be disqualified from driving and from holding a driver licence for another 28 days. Once that 28 days concludes (i.e. on 29 March), the client can apply for their alcohol interlock licence at AA or VTNZ and then have the alcohol interlock device installed. The client must be on an alcohol interlock licence for one year. Then, a zero alcohol licence is issued for the following three years. The zero alcohol licence is just like a normal licence (no interlock device), but the client cannot have any alcohol on their breath. Note that there is an exception to an alcohol interlock device, which I can talk to you about in further detail.

While an alcohol interlock licence may seem onerous, it has significant benefits insofar as it allows a client to drive whenever, wherever they wish, completely unencumbered. If a client wants to drive to the beach on the weekend or drive throughout the night to get somewhere, they can do this on an alcohol interlock licence. This is contrasted with a Limited (Work) Licence where a client must yield to significant restrictions, including the days, times, and area they can drive. Steven will work with you to discuss your options and what best works for you.

To find out more about how an alcohol interlock operates in NZ, contact me now through the contact button below.

Criminal Barrister

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