Do I Need an Alcohol Interlock After My Drink Driving Charge?

The Short Answer, Then the Detail

If you were charged at 0.100 or above, charged with driving under the influence, or refused a breath test, the answer is almost certainly yes — you'll need an interlock fitted to your car for 12 months once your disqualification ends. Under 0.100 on a first offence, no. Below is what that actually means for your car, your licence and your budget, and what you can do if you live a long way out of Cairns.

First: Will It Apply to You?

An interlock is a breath tester wired into your car's ignition. You blow into it, and if there's alcohol in your breath, the car won't start. Queensland doesn't give a magistrate a choice about this. If your charge is on the list, the condition goes onto your licence automatically when you get it back — it isn't part of your sentence and it isn't something you can argue against in court.

Whether it applies to you comes down to the exact charge on your court paperwork, not the number on the breath test alone:

Driving under the influence — the charge used at 0.150 and above, or where you were affected regardless of the readingYes, first time
A reading of 0.100 to 0.149 — over the middle limit but not the high limitYes, first time
Refusing or failing to provide a breath or blood specimenYes, first time
Dangerous driving causing death or serious injury, with alcohol as an aggravating featureYes
A reading of 0.050 to 0.099 — over the general limit but under 0.100Only if you have a qualifying drink driving conviction in the last 5 years
Any alcohol at all on a learner, P-plate or provisional licence, while unlicensed, in a truck or bus, or on a restricted licenceOnly if you have a qualifying conviction in the last 5 years

That distinction between 0.099 and 0.100 is worth sitting with, because it is the whole difference between walking away at the end of your disqualification and paying for a device in your car for a year. It also means the reading itself is worth checking properly. If the analysis is arguable, or if the reading can be challenged down below 0.100, the consequence is not just a smaller fine — it's no interlock at all.

One more thing that catches people out: if you already have an interlock requirement from another state and you move here, it follows you across the border and applies to your Queensland licence.

What It Means Day to Day

Once your disqualification ends and you reapply, your new licence carries an interlock condition. From that point, you nominate one specific vehicle to the Department of Transport and Main Roads, have an approved interlock fitted to it at your own cost, and that is the only vehicle you may drive. Not your partner's car, not a mate's ute, not a work vehicle — unless it's been nominated and fitted too.

There are only two exceptions. You can drive the vehicle supplied by an accredited driver trainer while you're having a lesson in it, and you can drive any vehicle while sitting a practical driving test. Nothing else.

If there's only one car in the household and someone else needs to drive it as well, that can be arranged — a vehicle can be nominated for more than one person. The device either has to identify each driver by PIN or swipe card, or every nominated driver has to keep a written log of who was driving and when. Using someone else's PIN, or letting someone use yours, is a separate offence, and so is failing to keep the log properly.

How Long Will You Have It?

For most people who do the right thing, 12 months. That 12 months is time spent holding a valid licence and either driving only your fitted, nominated vehicle or holding an exemption. It does not have to be 12 months in a row — if you stop driving for a while, or your licence lapses, that time simply doesn't count towards it. Nothing in the Act sends you back to zero.

You will see a five-year figure mentioned in relation to the scheme. That's an outer limit on how long the condition can hang over you, not a target. It only becomes relevant if the 12 compliant months take years to accumulate. There's one exception: if you're a repeat offender who has to complete a repeat offender education program, the condition keeps running until you've done it or been excused from it.

A new drink driving conviction while the condition is running doesn't extend it. It cancels your licence, and you start the whole process again on the back of the new disqualification.

What Makes the 12 Months Longer

Two things can add time. The first is automatic and the one that hurts most.

An alcohol reading, or a missed service, in the last four months. If the interlock records a breath sample with alcohol in it during the final four months, or locks out permanently because you missed a required service appointment, your end date is pushed out to four months after that event. There's no hearing. You get a letter telling you it's happened.

The practical effect is that the last four months are the ones to be careful in. A blow at 8am after a big night, in a car you were only going to move up the driveway, can cost you four more months of rental fees.

There is a right of review, and the grounds are realistic ones: someone else blew into the device, the device wasn't working properly, or your service was done but wasn't recorded correctly. If you're sure you didn't do what the data says you did, that's worth acting on quickly rather than accepting the letter.

A show cause notice, adding four months. Separately, the department can propose adding four months if you drove the car without providing a sample yourself, drove it knowing the interlock wasn't working, or drove it knowing it had been tampered with. You get at least 28 days to put your side of it before a decision is made — that is a real opportunity, not a formality.

If You Live a Long Way From an Installer

This is the part that matters most in Far North Queensland, because the interlock scheme was designed for people who live near a fitting workshop and can drop the car in for servicing without losing a day.

You can apply to be exempted from having an interlock fitted at all. The grounds that actually exist are:

Two warnings on this. Being unable to afford the device is not, by itself, severe hardship — that's spelled out in the regulation. And the distance ground is a fixed 150km radius test, not an argument about how inconvenient the drive is; 140km of bad road will not get you there.

You can't lodge the application until six weeks before your disqualification ends, or the day a restricted licence order is made if you were granted one. It has a fee. The department has 28 days to decide, and if it doesn't, the application is treated as refused — although a real decision made after that overrides the deemed refusal. If you're granted an exemption it can come with its own conditions, and breaching those is an offence in itself.

What It Costs

Every cent of it is yours to pay. There's an installation fee, a monthly rental and monitoring fee for as long as the condition runs, servicing appointments through the term, and a removal fee at the end. These are set by the approved interlock providers, not by the court, and they're on top of any fine.

Before you assume you'll just wear it, get the current fitting and monthly fees from an approved provider and multiply the monthly figure by twelve. For people who barely drive, or who live out of town and would burn a day travelling for each service, the exemption application is often the better path — and the two questions are worth deciding together, before you reapply for your licence, rather than after the device is in the car.

The Mistakes That Cost People the Most

Where We Can Actually Help

Three points in this process are worth a lawyer's involvement. The first is at the charge itself, because whether the reading is 0.099 or 0.100 decides whether any of this happens to you. The second is the exemption application, which is a written case made to the department on prescribed grounds, not a conversation — the difference between a bare form and a properly evidenced application is usually the outcome. The third is a show cause notice or an automatic extension you believe is wrong, where you have a limited window to respond.

Where This Comes From

Transport Operations (Road Use Management) Act 1995 (Qld), Chapter 5 Part 3B (ss 91I–91Z) — The interlock scheme. Section 91I defines which offences it catches; s 91K imposes the condition; ss 91M–91N set the interlock period and the 12-month prescribed period; ss 91P–91T cover exemptions; ss 91U, 91V and 91VA cover extensions; ss 91W–91Y create the offences; s 91Z sets out review rights.

Same Act, ss 79 and 79A — The drink driving offences and the limits that decide which one you're charged with: general 0.050, middle 0.100, high 0.150. A reading of 0.100 to 0.149 is s 79(1F); 0.050 to 0.099 is s 79(2).

Transport Operations (Road Use Management—Driver Licensing) Regulation 2021 (Qld), ss 333–349 — The detail: approved interlock models (s 334), sharing a nominated vehicle (ss 335–340), the 150km radius (s 341), the island, physical-impossibility, family medical and severe hardship exemption grounds (ss 343–346), the rule that affordability alone is not hardship (s 347), and the grounds for reviewing an automatic extension (s 349).

Penalties and Sentences Regulation 2025 (Qld) — A penalty unit is $172.70 from 1 July 2026. The figures above are 28 and 60 penalty units.

Frequently Asked Questions

I blew 0.115 — will I need an interlock?

Yes. A reading from 0.100 up to just under 0.150 is charged under section 79(1F) of the Transport Operations (Road Use Management) Act 1995, and that is one of the offences the interlock scheme catches the first time it happens. You don't need any prior history.

I blew 0.08 and it's my first offence. Do I need one?

No. A reading between 0.050 and 0.099 is charged under section 79(2), and that offence only brings you into the interlock scheme if you committed it within 5 years after a previous qualifying drink driving conviction. On a genuine first offence, no interlock.

How long will I have the interlock in my car?

Twelve months of compliant driving. That means 12 months holding a valid licence while either driving only your fitted, nominated vehicle or holding an exemption. It doesn't have to be 12 continuous months — periods where you weren't driving or weren't licensed just don't count towards it. It gets longer only if an extension is added.

What happens if the interlock picks up alcohol on my breath?

If it happens in the last four months of your 12 months, your end date is automatically moved to four months after that event and you're sent a notice. There's no hearing first. You can seek a review, and the recognised grounds include that someone else provided the sample or the device wasn't working properly — worth raising promptly if that's what happened.

I live out past Mareeba. Can I get out of having one fitted?

Possibly, but the test is specific: you need to be outside a 150km radius from the nearest approved installer's place of business and outside any area where that installer offers a mobile fitting service. Both. If you're within 150km, distance alone won't do it, and the cost of the device is expressly not enough on its own. Other grounds may still fit — a medical condition, an island residence, or severe hardship that isn't about getting to work or study.

Can my partner still drive our only car?

Yes. A vehicle can be nominated for more than one person. The interlock either has to identify each driver by PIN or swipe card, or each nominated person has to keep a written record of who drove and when. Don't share a PIN — using someone else's identification on the device is its own offence.

What if I get caught driving a different car?

If that car had no interlock fitted, the maximum penalty is 28 penalty units (about $4,800) for a first offence or 60 penalty units (about $10,400) for a repeat within five years, and the court must also disqualify you for a further three months, or six on a repeat — which sends you back to the beginning of the interlock process. If the car did have an interlock but wasn't your nominated vehicle, it's a fine without the extra disqualification.

Is this the same thing as a work licence?

No, they're different stages. A work licence lets you drive for work during your disqualification. The interlock condition applies to the licence you get afterwards and governs what you're allowed to drive then. If you're granted a restricted licence, the interlock condition can apply to it as well — so it's worth planning both at once.

When can I apply for an exemption?

No earlier than six weeks before your disqualification period ends, or on the day a restricted licence order is made if you were granted one. There's a fee, and the department has 28 days to decide — if it doesn't decide in that time the application is taken to be refused, though a later actual decision overrides that.

About Sacha Sarah Smith

Called to the New Zealand Bar in 2008. Nine years as a criminal defence barrister — jury trials, contested hearings, appeals and serious indictable matters in the District and High Courts. Now practising criminal defence as a solicitor in Cairns and Far North Queensland.

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