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Period of Interlock

Posted: Tue Apr 21, 2020 1:55 am
by Graham
Hi guys

First DUI - Breathtest refusal. Guilty date - July 2003

2nd DUI - Blew .101 -Plead guilty - November 2010

3rd DUI - Breathtest refusal - Plead guilty April 2017. 4 year licence suspension

I am due to reapply for my licence on April 2021.

Now after reading the info on the website. Due to the fact that my relicencing application will be more than 10 years from my previous conviction in November 2010. Does this mean that I am looking at a 6 month interlock instead of 4 years ???

Re: Period of Interlock

Posted: Tue Apr 21, 2020 9:27 am
by Hardy
That's what my website says so it must be right!

Re: Period of Interlock

Posted: Tue Oct 06, 2020 11:27 am
by hoisty
Hardy
If ok to ask for some advice
I was to have an interlocking device fitted to my car ..court order from 2013
but it’s been 10 years from when I lost my licence.. I have never driven again and have not had a car..my order was to be a 4 year interlock in my vehicle with reports .., a vic roads licence check was conducted for me just recently in 2020 about 2 months ago stating I’ve been unlicensed from 26/11/2013 this was 36 months after losing my licence in 2010,
My licence check shows no conditions just to provide intensive drink and drug driver program (stage 2) certificate of completion.. vic roads licence check says I now in 2020 if I wish to be re-tested for driver licence I must obtain and present to vic roads an intensive drink and drug driver stage 2 certificate of competition...what do I do ?
I just checked driver behaviour programs on line and found out they want a stage 2 report on my driving if I book into stage 2 drink and drug driver program.. but I have never owned a car in these years gone by to be able to install an interlocking device...do I contact vic roads and maybe discuss my situation with a supervisor?
Perhaps I should just pay the $$$ to book in this course to try and get certificate to show vic roads?
Or do you think I may need to buy a car install an interlocking device for another 4 years and try provide report then ..
Lost and confused... if you have any advice or perhaps I can contact you for help in getting my licence back so I can drive again..
I’m 45 years old
But confused on how to get driving again
Regards Hoisty

Re: Period of Interlock

Posted: Tue Oct 06, 2020 4:22 pm
by Hardy
Since they moved everything to VicRoads things have become less clear and lawyers have not had much to do with it except when vicroads stuffs it up - which is not so uncommon.
You are posting to an interlock forum but I don't know what you are trying to achieve. Are you wanting to apply to VicRoads to get a drivers licence? Or have you already done that and now want to get the interlock condition removed?

Re: Period of Interlock

Posted: Tue Oct 06, 2020 10:38 pm
by hoisty
Thanks for your response...i want to contact vic roads to get my licence back. That’s my goal.
I was unsure if I still require an interlock after this length of time
I will contact vic roads and ask how I go about getting my licence back.. I was unsure because. My license status check stated I need to do drink and drug driving program (stage 2) this is confusing me .
I have done a drink driving course in the past
I have been to court with the outcome of a four year interlock to be fitted.
It’s been so long ,10 years . I guess I’ll just need to contact vic roads and find out ?
If I’m still required to install an interlock I’ll possibly give you a private call .
Kind regards Hoisty

Re: Period of Interlock

Posted: Wed Oct 07, 2020 12:41 am
by Hardy
You need to get a copy of your court order and take it to vicroads to get a licence. VicRoads may require you to get an interlock installed first. If that happens you might need to pay for some advice to find out if that is correct or if there is any way out of an interlock.

Re: Period of Interlock

Posted: Wed Oct 21, 2020 1:35 pm
by PrueB
Hardy wrote:That's what my website says so it must be right!


I seek confirmation of the information on your site as accurate and current.

Vic Roads website no longer mentions anything of the 10 years rule when it comes to subsequent offences committed on or after 30 April 2018.

Re: Period of Interlock

Posted: Wed Oct 21, 2020 8:30 pm
by Hardy
Here's the 10 year rule. It applies to anyone applying for a driver's licence or learners permit after being disqualified for drink driving.
http://classic.austlii.edu.au/au/legis/ ... s50aa.html

Any conviction older than 10 years must be disregarded if it is not your most recent drink driving related offence. That means your most recent offence must be treated as a first offence if all your other drink driving convictions are more than 10 years old. VicRoads will treat you as a first offender unless you have more than one drink driving conviction in the past 10 years.

So the timing of the making of an application for a licence might matter if your prior offences are getting close to ten years old, but it won't make any difference if your most recent offence is ten years old. There are transitional provisions that make a ten year old offence subject to the new laws even though different rules applied at the time you were convicted.

Re: Period of Interlock

Posted: Mon Oct 26, 2020 12:11 pm
by PrueB
Thank you; appreciate the information.

Re: Period of Interlock

Posted: Wed Dec 09, 2020 3:17 pm
by bluesky
Why doesn't the 2017 refusal count as a drink-driving related offence?

Re: Period of Interlock

Posted: Wed Dec 09, 2020 8:10 pm
by Hardy
The 2017 refusal offence is a drink driving related offence and is treated as a first offence if all other offences are more than 10 years old at the time the application is made.