If you have been convicted of a mid range or high range drink driving offence (or 2 low range drink driving charges in 5 years) in Queensland, you will be required to install an alcohol interlock in your vehicle. However, there are some legal exemptions to this requirement.
The following are the legal exemptions to installing an interlock after a drink driving offence in Queensland:
- You live in a remote location.
- You live on an island.
- You have a medical condition that prevents you from providing a breath sample.
- Your family will experience severe hardship if you are not granted an exemption.
An interlock exemption cannot be granted if you are unable to install the interlock for employment, education or financial reasons.
You live in a remote location
If you live more than 150 kilometres from the nearest interlock installer, you may be exempt from installing an interlock.
The application must provide proof you live in a remote location by providing one of the following
- Lease/rental document
- Mortgage/land ownership certificate
- Electricity/gas/telephone account
- Rates notice
- Land tax valuation notice
- Australian Tax Office notice
- Australian Electoral Enrolment letter
- Services Australia (Centrelink/Medicare/Child support) letter
You live on an island
If you live on an island that is not linked to the mainland by bridge, you may be exempt from installing an interlock.
The application must provide proof you live on an island by providing one of the following;
- Lease/rental document
- Mortgage/land ownership certificate
- Electricity/gas/telephone account
- Rates notice
- Land tax valuation notice
- Australian Tax Office notice
- Australian Electoral Enrolment letter
- Services Australia (Centrelink/Medicare/Child support) letter
Certain islands are excluded from the exemption including;
- Coochiemudlo Island;
- Fraser Island;
- Karragarra Island;
- Lamb Island;
- Macleay Island;
- Magnetic Island;
- North Stradbroke Island;
- Orpheus Island;
- Russell Island.
You have a medical condition that prevents you from providing a breath sample
If you have a medical condition that prevents you from providing a breath sample, you may be exempt from installing an interlock.
You will need your doctor to complete an Alcohol Ignition Interlock Program – Medical Certificate for Interlock Exemption Application (form F4864).
Your family will experience severe hardship if you are not granted an exemption
If your family will experience severe hardship if you are not granted an exemption, you may be exempt from installing an interlock.
The law states that an exemption could be considered where:
a refusal to grant the exemption would cause severe hardship to the applicant in a way other than by preventing the applicant from driving—
to or from, or in the course of, the applicant’s employment;
Its critical to remember that the family hardship exemption does not apply to the fact the driver or the family member won’t be able to work, drive to their educational facility or for financial reasons. This means you can’t get an exemption if you wanted to drive a family member to their university.
The types of reasons you might seek an exemption for family hardship reasons could include;
- only one vehicle is reasonably available to you or your family member and the family member has a medical reason for why they cant provide a sample of their breath
- not being granted an interlock exemption would cause you or your family member severe hardship
- no other transport is reasonably available to you or your family member
“Severe hardship” isn’t defined in the act. Generally, it might be thought that severe hardship refers to a situation in which a person's life will be made significantly difficult or unpleasant. The key is its just not hardship its severe hardship. Severe is defined as generally “very bad, serious, or intense”. It can also mean "extreme" or "grave.".
Evidence might need to include statutory declaration for family members, ownership records of any motor vehicles owned by family members, letter from an interlock installer saying an interlock can’t be installed etc
How do I apply for an alcohol interlock exemption?
If you believe you can apply for an exemption then it can be done in the following ways;
- Online through this link
- In person at a TMR location using form F4862 - Alcohol Ignition Interlock Program - Interlock Exemption Application. The form can be download here
Here are some additional things to keep in mind about interlock exemptions
- The exemptions are limited, and they are rarely granted and almost all people won’t be able to apply for an exemption.
- You must apply for an exemption before your interlock program starts.
- You must provide evidence to support your application for an exemption.
If you are granted an exemption from installing an interlock, you will still be subject to other penalties for your drink driving offence. These penalties will include a fine, a period of disqualification from driving, and a requirement to complete a drink driving course.
Can you help me with an interlock exemption?
No, Unfortunately as the application isn’t heard in court but decided by TMR we can’t assist on applying for exemption but we can help with any drink driving charge.
The information here is provided just to give our clients and other people needing to install an interlock more information.
