If you have been charged with drink-driving, you may be worried about losing your licence, getting to work, paying a fine, and how long it will take before you can drive normally again.
An alcohol interlock sentence can allow you to return to driving after an initial period of disqualification, provided you meet strict conditions.
Here are the answers to some of the questions people commonly ask.
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1. What is an alcohol interlock?
An alcohol interlock is an electronic breath-testing device fitted to a motor vehicle.
Before you can start the engine, you must provide a breath sample. If the device detects alcohol above its permitted threshold, the engine will not start.
The device can also require additional breath samples during a journey.
The purpose is to stop you driving after drinking alcohol, while still letting you drive under controlled conditions.
2. Who has to have an alcohol interlock?
An alcohol interlock sentence will generally apply where a person is convicted of drink-driving and:
- Their breath alcohol reading is 800 micrograms per litre or higher.
- Their blood alcohol reading is 160 milligrams per 100 millilitres or higher.
- They have qualifying previous alcohol-related driving convictions within the relevant five-year period.
Our drink-driving limits page explains what each reading means.
There are statutory exceptions, and the precise circumstances of the offence and previous convictions are important.
For example, a person appearing in court for the first time with a breath alcohol reading of 900 micrograms may face an alcohol interlock sentence even though they have never previously been convicted of drink-driving.
Melanie can explain whether the alcohol interlock rules apply to your case.
3. Will I lose my licence before I can use an interlock?
Yes.
An alcohol interlock sentence begins with a court-imposed disqualification of at least 28 days.
You cannot drive during that disqualification.
Even after the disqualification ends, you cannot drive again until you have an alcohol interlock licence and the interlock is fitted to your vehicle.
Any other outstanding suspension or disqualification must also be dealt with.
4. Can I get a work licence during the disqualification?
No. A person subject to an alcohol interlock disqualification or Zero Alcohol Licence is not entitled to obtain a limited licence during that disqualification.
However, once the disqualification has ended and the appropriate alcohol interlock licence has been issued, you may drive a vehicle fitted with an approved interlock, subject to your licence conditions.
This distinction can be particularly important for tradespeople, contractors, delivery drivers and others who need a vehicle for their employment.
For other kinds of disqualification, our work licence page explains when a limited licence may be possible.
5. How much does an alcohol interlock cost?
An alcohol interlock involves several expenses.
These may include:
- Installation of the approved device.
- Rental or programme charges.
- Regular servicing and calibration.
- Removal of the device.
- Driver licensing and reinstatement fees.
The total cost depends on the approved provider, the vehicle and the length of time the device is required.
Financial assistance may be available to eligible drivers.
Before you book an installation, get a current quote from an approved provider and ask NZTA about help with the cost.
6. How long do I have to use an alcohol interlock?
The alcohol interlock programme generally requires a minimum of 12 months on an interlock licence.
However, completing 12 months does not automatically mean the device can be removed.
You must also meet the programme's compliance requirements, including the applicable alcohol-free performance requirements.
If the device records alcohol-related violations or you fail to meet other requirements, you may need to remain in the programme for longer.
7. Can I drive my employer's vehicle?
This depends on whether the vehicle has an approved alcohol interlock installed and whether you are otherwise licensed to drive it.
If your work involves driving several vehicles, you may face practical difficulties because an alcohol interlock licence generally permits you to drive only appropriately equipped vehicles.
If you are employed as an electrician, plumber, builder, courier driver or other mobile worker, it is sensible to talk to your employer and get legal advice before you are sentenced.
8. What happens after I complete the alcohol interlock programme?
Once you have satisfied the programme requirements and been approved to exit the interlock stage, you can apply for a zero alcohol licence.
A zero alcohol licence generally lasts for three years.
During that period, you must not drive with alcohol in your system.
After successfully completing the three-year period, you can apply to return to a standard driver licence, provided you meet the relevant requirements.
You must obtain the new licence before driving under its conditions.
9. Can the court decide not to impose an alcohol interlock?
The legislation provides limited exceptions and special-reasons provisions.
However, these are not general exemptions for people who need to drive for work, have family responsibilities, or cannot easily afford an interlock.
The court must apply the statutory requirements.
A lawyer can check whether there are genuine legal grounds to ask for a different sentence.
10. Should I speak to a lawyer before my court appearance?
It is sensible to get advice if you are facing an alcohol interlock sentence, particularly if:
- You need your licence for employment.
- You have previous drink-driving convictions.
- Your alcohol reading is high.
- You drive a company vehicle.
- You are concerned about the effect of a conviction on your employment.
- You want to understand the available sentencing options.
Need help with an alcohol interlock or drink-driving charge?
Barrister Melanie Coxon provides advice and representation in drink-driving and traffic matters.
Contact LawyerHelp before your court appearance to discuss your circumstances and understand your legal options.
This information is general guidance about New Zealand law and does not replace legal advice about an individual case.
