If your drink driving offence triggers the mandatory alcohol interlock sentence under section 65AC of the Land Transport Act 1998, you cannot apply for a limited licence. This is an absolute bar under section 103(2)(e) — there are no exceptions, and no amount of hardship evidence will overcome it.
What is the interlock bar?
Section 103(2)(e) provides that a person cannot apply for a limited licence if they are subject to — or would have been subject to — a mandatory alcohol interlock sentence under section 65AC.
This means the bar applies in two situations:
- You received an interlock sentence
- You would have received one, but a s65AB(2) exception applied
The second point is critical. Even if the court did not actually impose an interlock sentence because an exception under s65AB(2) applied, the bar still prevents a limited licence application.
What triggers the interlock sentence?
Under section 65AB(1), the mandatory interlock sentence applies when a person is convicted of a qualifying alcohol offence and either:
High reading — s65AB(1)(b)
Any alcohol offence (including first offences) where:
- Breath alcohol reading is 800 mcg/L or above, or
- Blood alcohol reading is 160 mg/100mL or above
Prior offence within 5 years — s65AB(1)(a)
Any qualifying alcohol offence where the person has a prior alcohol or drug driving conviction within the preceding 5 years (calculated as 1,826 days including leap year).
Reading severity thresholds
| Level | Breath (mcg/L) | Blood (mg/100mL) | Category |
|---|---|---|---|
| Infringement | 250–399 | 50–79 | Infringement notice — no interlock |
| Criminal standard | 400–799 | 80–159 | Criminal offence — no interlock trigger |
| Criminal + interlock | 800+ | 160+ | Mandatory interlock under s65AB(1)(b) |
Qualifying offences under s65AB(1)
The interlock regime applies to convictions under the following sections of the Land Transport Act:
- s56(1), s56(2) — driving or attempting to drive with excess breath/blood alcohol
- s57(1), s57(2) — driving or being in charge with excess breath/blood alcohol
- s57AA — driving with blood containing evidence of a controlled drug
- s57C(1) — driving while impaired and with blood alcohol over the limit
- s58(1)(a) — refusing to undergo breath screening test
- s60(1)(a)–(c) — failing or refusing to undergo evidential breath test or blood test
- s61(1), s61(2)(a) — failing or refusing to permit a blood specimen to be taken
- s62(1)(a) — refusing to undergo compulsory impairment test
Refusal offences (refusing breath test, blood test, or impairment test) are qualifying offences. This means a test refusal combined with a prior offence within 5 years can trigger the interlock bar.
The three-phase interlock pathway
When the interlock sentence applies, the pathway is:
- Disqualification — a minimum of 28 days (the standard stand-down)
- Alcohol interlock licence — the person must drive with an interlock device fitted to their vehicle for a minimum of 12 months
- Zero alcohol licence — after completing the interlock period, the person holds a zero alcohol licence for 3 years
During all three phases, a limited licence is not available.
What if I am currently on an interlock or zero alcohol licence?
Section 103(2A) provides a separate bar: if you are currently driving on an alcohol interlock licence or zero alcohol licence, you cannot apply for a limited licence. This bar is distinct from s103(2)(e) and applies regardless of when the original offence occurred.
Can I challenge the interlock bar?
No. The interlock bar under s103(2)(e) is absolute. There is no discretion for the court to grant a limited licence where the bar applies. The only options are:
- Complete the full interlock pathway (disqualification → interlock licence → zero alcohol licence)
- If you believe the bar was wrongly applied (e.g. your reading was below 800 mcg/L and you have no prior offences within 5 years), seek legal advice about whether the qualifying criteria under s65AB were actually met