Appendix 3: Summary of drink-driving laws
The Land Transport Act 1998 sets out New Zealand's drink-driving laws.
A driver aged 20 or older commits an offence if they drive with alcohol levels exceeding 400 micrograms for every litre of breath (40mcg/l) or 80 milligrams for every 100 millilitres of blood (80mg/100ml) - a blood alcohol concentration of 0.08.
Drivers under the age of 20 are not allowed to have any alcohol in their blood. A driver under 20 commits an offence and can be fined up to $2,250 or imprisoned for up to three months if they drive with alcohol concentrations exceeding 150 mcg/l or 30 mg/ml. A driver under 20 commits an infringement offence and can be fined up to $200 and incur 50 demerit points on their licence if they have any alcohol on their breath or in their blood. The Police can stop and test the breath any person driving, or trying to drive, a motor vehicle on a road.
The Police use the following tests to see whether a driver has been drinking:
- Passive breath test – The officer places a hand-held electronic device in front of the driver's mouth and asks the driver to talk. This detects the presence of alcohol. A breath screening test is required when alcohol is detected.
- Breath screening test – The driver blows into a mouthpiece attached to an electronic device. The device provides a reading of the driver's breath-alcohol. If this is above the legal limit, the Police ask the driver to take an evidential breath test.
- Evidential breath test – The driver blows into an electronic device. The device provides a reading of the driver's breath-alcohol level, which can be used in court.
- Evidential blood test – The driver can choose to have an evidential blood test if they refuse or fail their evidential breath test. A doctor, nurse, or other approved health professional must carry out the blood test.
It is not an offence for a driver to refuse a breath screening or evidential breath test. If the driver refuses these tests, they must complete an evidential blood test. It is an offence to refuse the blood test.
A driver convicted of a first or second drink-driving offence can face a prison term of up to three months or a fine of up to $4,500 and lose their driver licence for six months or more. A driver with more than two drink-driving offences can go to prison for two years and be fined up to $6,000 and lose their driver licence. A drink driver causing death can go to prison for up to 10 years. Figure 14 sets out the maximum court-imposed penalties for drink-driving.
Figure 14
Summary of court-imposed penalties for drink-driving offences
| Offence | Blood-alcohol concen-tration (mg/100ml) | Breath-alcohol concen-tration (mcg/l) | Prison penalty | Fine penalty | Disqualification or suspension of driver licence |
|---|---|---|---|---|---|
| Driver kills or injures someone | More than 80 | More than 400 | Up to five years for causing injury Up to 10 years for causing death |
Up to $20,000 | First offence: one year or more Third or more offences: more than one year |
| A person 20 years or over drives/attempts to drive | More than 80 | More than 400 | First or second offence: up to three months Three or more offences: up to two years |
First or second offence: $4,500 Three or more offences: up to $6,000 |
First or second offence: six months or more Three or more offences: more than one year |
| A person under 20 years attempts to drive* | More than 30 | More than 150 | Up to three months | Up to $2,250 | Three months or more |
| A driver refuses to have blood test when asked by a Police officer, doctor, or approved person | First or second offence: up to three months Three or more offences: up to two years |
First or second offence: up to $4,500 Three or more offences: up to $6,000 |
First or second offence: six months or more Three or more offences: more than one year |
||
| A driver refuses to go with a Police officer for an evidential breath or blood test | Up to $4,500 | As decided by the court | |||
| A driver refuses to hand over keys when asked by a Police officer | Up to $10,000 |
* A driver under 20 commits an infringement offence and can be fined up to $200 and get 50 demerit points on their licence if they have any alcohol on their breath or in their blood.
Source: New Zealand Transport Agency
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