Which offences trigger a mandatory interlock order, how long it lasts, what it costs, and the narrow circumstances in which a court can grant an exemption.
The Mandatory Alcohol Interlock Program (MAIP) requires eligible drink driving offenders to install an approved alcohol interlock device in any vehicle they drive. The vehicle cannot be started unless the driver provides a zero-alcohol breath sample, and further random samples are required at intervals while driving.
MAIP was first introduced on 1 February 2015 for refusal, high range and repeat offences, then significantly expanded on 3 December 2018 to cover first-time Mid Range PCA and DUI offences under section 112.
| Offence | 1st Offence | 2nd+ Offence |
|---|---|---|
| Novice / Special / Low Range PCA | Not mandatory | Mandatory — min 12 mo |
| Mid Range PCA | Mandatory — min 12 mo | Mandatory — min 24 mo |
| High Range PCA | Mandatory — min 24 mo | Mandatory — min 48 mo |
| Refusal of breath test | Mandatory | Mandatory |
| DUI (s.112) | Mandatory | Mandatory — 9–12 mo |
Under section 212(3) of the Road Transport Act 2013, a court may grant an interlock exemption order in narrow circumstances, but only if you apply at the time of sentencing — it cannot be granted or applied for after the fact.
You cannot get an exemption simply because you can’t afford the device, because it would prevent you working, because the registered owner of a shared vehicle won’t consent, or because you live remotely.
If granted an exemption, you face a longer straight disqualification instead of the interlock program, and must complete the Sober Driver Program before relicensing.
Unlike Queensland, which offers a Work Licence allowing restricted driving during disqualification, NSW has no equivalent scheme. Your only lawful options during a disqualification are to serve the full period, or — where an interlock order applies — to drive using an interlock-fitted vehicle once you hold an interlock licence.
Understanding your obligations — and whether an exemption might genuinely apply to you — is critical before your sentencing date. Prepare your submission properly.
MAIP is a NSW scheme requiring certain drink driving offenders to install an approved alcohol interlock device in any vehicle they drive for a set minimum period. The vehicle will not start unless the driver first provides a zero-alcohol breath sample, with further random samples required while driving.
Since expansion in two phases (1 February 2015 and 3 December 2018), mandatory interlock orders now apply to: repeat Novice, Special or Low Range PCA offences; first and repeat Mid Range PCA; first and repeat High Range PCA; refusing a breath test; and first and repeat DUI (driving under the influence) offences.
You must pay for the installation, ongoing monitoring, and removal of the device through an approved interlock provider. Costs vary by provider but commonly run to several hundred dollars for installation plus an ongoing monthly fee for the duration of the program.
Only in limited circumstances, and only if requested at the time of sentencing. Under section 212(3) of the Road Transport Act 2013, you must prove you have no access to a vehicle, have a diagnosed medical condition preventing you from providing a breath sample, or (for a first Mid Range offence only) that the order would cause severe financial hardship.
You avoid installing the device, but you serve a longer straight disqualification period instead, and must complete the Sober Driver Program before your licence is restored.
If you fail to install the device or otherwise don’t comply with a mandatory interlock order without an approved exemption, you remain off the road — unlicensed — for up to 5 years after your disqualification period ends, or until you comply with the interlock requirement.