Interlock orders
For serious drink driving offences an interlock order is mandatory. It is made by the court when you are sentenced, and it shapes your licence for a long time after the disqualification ends.
General information, not legal advice. This page sets out how the law generally applies. It does not take account of your circumstances, and you should get advice about your own situation before acting on it. The official sources this page is written from are listed on it; where they differ from anything here, they are the authority.
You have been told there will be an interlock, and nobody has explained what that means
An interlock order is made by the court when you are sentenced, and the program is administered by Transport for NSW. This page sets out the sequence, so that the decisions that turn on it can be made with it in view.
The shape of it is this. For the drink driving offences the Act covers, the court must make an interlock order when it sentences you. The order carries a disqualification, and after the disqualification you become eligible for an interlock driver licence. On that licence you may drive only a vehicle fitted with an approved device, for the interlock period. Only at the end of that period, and only if you have met the program requirements, can you hold an ordinary licence again.
That is a long arc, and the parts of it that can be influenced are mostly at the beginning: what is put before the court at sentence, whether the grounds for an exemption order genuinely exist, and whether the practical arrangements have been thought through before the licence is issued rather than after.
This page is about the licence consequences of a drink driving matter. The charge itself is criminal work and is dealt with as such. If you have also been given an immediate suspension notice at the roadside, that runs on its own short period and is dealt with on immediate suspension, which is the more urgent thing.
What the work actually is
Explaining the whole arc before it starts
Disqualification, then interlock licence, then the requirements to complete the program. Understanding the sequence before it starts is the point of this page.
Saying honestly whether an exemption is realistic
The grounds are narrow and they have to be proved. We would rather tell you an exemption application will not succeed than take money to run one that cannot.
Preparing an exemption application where the grounds exist
Where a ground genuinely applies, the application is evidenced properly and put to the court that can deal with it, rather than raised in passing at sentence.
The licence consequences at sentence
Working out and explaining what a particular outcome means for your driving over the whole period, so that decisions about the charge are made with that in front of you.
Practical planning for the interlock period
Which vehicle is fitted, who else drives it, what the servicing schedule means for work, and what happens if you have to drive a different car. Work these out before the licence is issued rather than after.
Dealing with alleged non-compliance
Where a reading or a missed service is said to breach the program, understanding what is being alleged and what can be shown about it before the period is extended.
Questions people ask first
Can the court decide not to impose an interlock?
For the offences the Act covers, an interlock order is mandatory. A court may make an interlock exemption order only where a ground in the Act is established. It is not a matter of persuading a magistrate that the program would be difficult for you.
What are the grounds for an exemption?
They are limited and they must be proved with evidence, such as a medical condition that prevents the device being used. Whether one applies to you is a question for advice on your circumstances and your medical material, not a question a web page can answer.
How long does the interlock period run for?
It depends on the offence and it is set by the Act rather than chosen. We do not publish periods here. Transport for NSW publishes the program details and your order will state what applies to you.
Who pays for the device?
The participant does: installation, leasing and servicing. Transport for NSW publishes the current costs and details of any assistance available. The cost is a real burden and it is not a ground for exemption by itself.
Can I drive a work vehicle during the interlock period?
Only a vehicle fitted with an approved interlock, unless something in the order or the program says otherwise. If your work involves driving vehicles you do not control, raise that early.
What happens if the device records a reading?
Readings and missed services are recorded and reported, and non-compliance can extend the interlock period. Do not assume an explanation will be accepted informally. Get advice about what is alleged before the period is extended.
Do I get my normal licence back automatically at the end?
No. The program has completion requirements that have to be met, and an ordinary licence follows from meeting them rather than from time passing. Transport for NSW sets out what is required.
What to bring
The order, the charge documents, and anything medical that might matter.
- The court documents from the sentence, including the orders made.
- Any correspondence from Transport for NSW about the interlock program.
- The charge documents, and any immediate suspension notice you were given.
- Your full driving record from Transport for NSW.
- Medical reports, if there is a condition relevant to using the device.
- What vehicle you drive, who owns it, and who else drives it.
- What your work requires: vehicles, hours, locations and whether driving is essential.
- Any earlier drink driving matter and how it was dealt with.