Mandatory Alcohol Interlock Scheme SA
Mandatory Alcohol Interlock Scheme conditions may be imposed under section 81E of the Motor Vehicles Act 1959 (SA) (Act) in certain circumstances.
The scheme is an essential measure aimed at preventing repeat drink driving offences by imposing strict conditions on drivers who have been disqualified for serious drink driving offences.
If you have been disqualified from driving due to a serious drink driving offence, you must reapply for your licence and have an alcohol interlock device installed in your vehicle before you can start driving again.
Otherwise, you may be charged for driving unauthorised.
Serious Drink Driving Offences
The scheme imposes conditions if you are charged with a serious drink driving offence. These generally include:
- Driving under the influence (DUI).
- Refusing a breath test.
- Refusing a blood test.
- Drink driving (PCA) Category 3 (0.15 or more) or Category 2 (0.08 – 0.14) with previous convictions in the last five (5) years.
What is an Interlock Device?
An alcohol interlock is a small breath-testing device that connects to your car’s ignition system. You need to blow into it to start the car, and if it detects any alcohol, your vehicle will not start.
Alcohol Interlock Licence Conditions
Under section 81F of the Act, the mandatory alcohol interlock scheme imposes the following conditions on a driver’s license in South Australia:
- Vehicle Restriction – The license holder can only drive a motor vehicle that they have nominated to the Registrar.
- Interlock Installation – The nominated vehicle must be equipped with a properly functioning alcohol interlock installed by an approved provider.
- Operation in Accordance with Minister’s Instructions – The nominated vehicle must be operated following instructions published by the Minister in the Gazette.
- No Tampering – The license holder must not interfere with the alcohol interlock or allow anyone else to interfere with it.
- Certificate Requirement – While driving the nominated vehicle, the license holder must carry a certificate from an approved provider certifying that the alcohol interlock was functioning properly at its last examination.
- Inspection on Demand – The license holder must produce the certificate for inspection if requested by a police officer or an authorised officer.
- Vehicle Examination – The license holder must present the nominated vehicle for inspection by an approved alcohol interlock provider at times and locations specified by the Registrar.
- Regulatory Compliance – The license holder must comply with any additional requirements prescribed by regulations.
If a person loses or surrenders their alcohol interlock scheme license before fulfilling the prescribed conditions, any new license they obtain will remain subject to the interlock conditions until:
- The required minimum interlock period is completed; and
- The person meets the criteria for a license without the interlock conditions under Section 81E.
Periods of suspension are excluded from the calculation of the interlock duration unless the suspension predates this specific provision.
Rules & Guidelines Under the Program
You must:
- Have a BAC of zero at all times while driving.
- Only drive your nominated vehicle which is fitted with an approved alcohol interlock device.
- Take all breath tests the alcohol interlock requests.
- Ensure that your interlock is serviced monthly so that user data is downloaded and the device is inspected.
- Ensure that at least one vehicle is fitted with the interlock.
- Only drive the vehicle if you have personally provided the breath sample required by the interlock.
- Not drive any motor vehicle if you know the interlock is not working properly or has been circumvented.
- Not tamper with the device.
- Display P plates on your nominated vehicle when you are driving.
- Carry a certificate from your service agents certifying proper functioning of the interlock, and produce it if requested by police.
Penalty For Breach of Alcohol Interlock Scheme Conditions
Under Section 81H, the contravention of mandatory alcohol interlock scheme conditions is regulated as follows:
- A license holder subject to the mandatory alcohol interlock scheme must not breach any of the scheme’s conditions – maximum penalty of $2,500.
- It is prohibited for any person to assist a license holder to operate a motor vehicle in contravention of the alcohol interlock conditions – maximum penalty of $2,500.
- It is also prohibited to interfere with the alcohol interlock in contravention of the conditions – maximum penalty of $2,500.
Further penalties apply for driving without a licence after committing a serious drink-driving offence (maximum penalty of $5,000 or 1 year imprisonment).
What Happens if I Don’t Follow the Rules of the Program?
When you do not follow the program rules this is called a violation. Violations will be recorded in your user data, and your program may be extended. If a certain amount of violations are recorded, the device will request an unscheduled service within 7 days.
Some violations can result in legal action, such as driving without an approved Alcohol Interlock Device installed or being caught drink-driving by police.
Interlock Device Cost
Drivers participating in the Mandatory Alcohol Interlock Scheme are responsible for all costs associated with the installation, maintenance, and removal of the alcohol interlock device. The typical costs include:
- Installation – Approximately $400 for installing the interlock device, including an initial administration fee and driver’s licence fees.
- Monthly Rental and Servicing – The fee for the monthly service & rental is $165 full rate / $107.25 concession. Every month. On average, the service of the Interlock (download of data, device check and visual inspection) takes less than 15 minutes. Regular servicing is crucial to ensure the device functions correctly and prevents tampering.
- Removal – Once the mandated period of the alcohol interlock scheme is complete, drivers will need to pay approximately $165 to have the device removed from their vehicle.
Am I Eligible for a Discount?
Participants with a valid Pensioner Concession Card, Centrelink Health Care Card, or certain Department of Veterans Affairs Gold Cards (TPI, EDA, War widow/er) are entitled to a discount on monthly lease and installation fees.
Interlock Device Installation
Approved providers for these devices include:
- Draeger Safety Pacific Pty Ltd – Contact them at (08) 8186 2461 or visit their website for further details.
- Guardian Interlock Systems Australasia Pty Limited – Reach them at (08) 8276 6777 or toll-free at 1300 881 005. or visit their website for further details.
- Smart Start Interlocks – They can be contacted at 1300 256 900 or via email at info@smartstartinterlocks.com.au. Visit their website for further details.
Violating Conditions
You must have zero alcohol in your system while driving because alcohol interlock devices may detect small trace amounts of alcohol from various products.
The effective limit required to operate your vehicle is BAC < 0.020. However, if a police breath test finds any amount of alcohol in your system while driving, it is considered a serious offence.
Any failure to comply with the program rules results in a violation.
Violations are recorded in your user data and can result in your program being extended.
Some violations may lead to prosecution (for example, driving a vehicle without an approved Alcohol Interlock Device installed, or being caught drink driving by police).
What is Considered a Violation?
Any breach of program rules (see guidelines above).
- Providing a BAC sample of 0.020 or more.
- More than 1 BAC sample under 0.020 but above 0.000 can still be a violation.
- Missing a random/rolling retest or failing it with BAC above 0.020.
- Any tampering with or circumvention of the device.
- Disconnecting the car battery for 20+ minutes.
- Missing a scheduled service.
How Many Violations Will Cause an Early Unscheduled Service?
Once certain “violation limits” are reached (for instance, 5 initial test fails at ≥0.02 BAC, 1 rolling retest fail, etc.), the device displays a 7-day countdown. You must return for unscheduled service within 7 days or the device locks.
What Sort of Violations Will Cause The Program to be Extended?
Any instance of circumvention/tampering or more than 1 violation in the final 3 months will generally lead to an extension.
The program can be extended in successive 3-month blocks until a clean driving report is achieved.
Reapplying for a Licence
When a driver’s disqualification period is nearing completion, they must contact the licence review office to determine if there are any outstanding requirements before they can reapply for their licence.
Once all conditions are met, including the installation of an alcohol interlock device, drivers can obtain a probationary or provisional licence subject to the scheme’s conditions.
The duration of the alcohol interlock condition is equivalent to the disqualification period ordered by the court, plus any immediate licence suspension issued by South Australia Police, up to a maximum of three (3) years.
Any incidents recorded during the final three (3) months of the prescribed period may result in an extension of the interlock requirement.
Removing Interlock Conditions From Your Licence
- If no BAC violations are recorded in the final 3 months, you can have the device removed.
- One BAC violation in the final 3 months may still allow removal, but requires approval from the registrar.
- If 2 or more BAC violations occur, the device will not be removed and the program is extended.
Can the 30-Day Servicing Period be Extended?
- Yes—if no violations are recorded for 2 months, service intervals may move to every 2 months. However, this does not apply in the final 3 months of the program.
Other Frequently Asked Questions
What is the Random/rolling Re-test Schedule in South Australia?
After passing the initial breath test to start your engine, the device will request a retest between 5–15 minutes later, and then randomly between 15–60 minutes after each successful retest. You have 5 minutes to safely provide each retest.
How Long do I Need to Participate in the Program for?
Typically for the entire period of your disqualification (up to 3 years). If you are deemed alcohol dependent, you will not receive an unconditional licence until you are no longer dependent.
Who Should I Contact About the Mandatory Alcohol Interlock Scheme?
If you have questions about the Mandatory Alcohol Interlock Scheme or need legal assistance, contact us today. Otherwise, the Department of Planning, Transport and Infrastructure (DPTI) can be reached at 1300 933 240 or online.
