Land Transport Act 1998, s 68

The police can ask you to have a breath screening test if:

• they stop you when you’re driving or trying to drive (for example, at a police alcohol checkpoint), or
• they have good reason to suspect you’ve recently committed a driving offence, or
• you were involved in an accident as a driver (or if the police can’t establish who was driving the vehicle but they have a reasonable suspicion that you were in it at the time).

Land Transport Act 1998, s 59(1)(a)

Yes, you can. It’s not an offence to refuse a breath screening test. However, it is an offence if you have the test but then refuse to wait for the result. The police can arrest you for this, and if you’re convicted in court you can be fined up to $4,500. You can also be disqualified from driving for a period decided by the judge.

Land Transport Act 1998, s 69

If the breath screening test shows you’re over the alcohol limit that applies to you, or if you refuse to take the test, the police will require you to go with them to have an evidential breath test (see below).

At this point, although you’re not under arrest, you’re being held (or “detained”) by the police, and therefore you have the right to talk to a lawyer and the right to refuse to say anything to the police. The police also have to tell you that you have these rights.

New Zealand Bill of Rights Act 1990, s 23(1)(b), (4)

Note: The police have a list of lawyers, under the Police Detention Legal Assistance scheme, who are available to give free advice to anyone who’s being detained by the police. You can contact them any time of the day or night (see: “Free advice when you’ve been arrested: The PDLA scheme”).

Land Transport Act 1998, s 69

A police officer can require you to go with them to have an evidential breath test if:

• you’ve had a breath screening test and it shows you’re over the breath-alcohol limit that applies to you, or
• you’ve refused to have a breath screening test, or
• a breath screening test isn’t available and there’s good reason to suspect you’ve been drinking.

Land Transport Act 1998, s 69

It’s not an offence to refuse to have the test itself, but it is an offence if you don’t go with the police officer to the testing place, or if you don’t stay there once you’ve arrived, or if you have the test but then don’t stay until the result is known. In these cases, the police officer can arrest you, and if you’re convicted in court you can be fined up to $4,500 and disqualified from driving for a period decided by the judge.

Also, if you refuse and a subsequent blood test shows your blood-alcohol level was between 50 and 80 milligrams (that is, the band for which adults can be given an on-the-spot infringement notice), you’ll have to pay a $700 infringement fee. This is much higher than you would’ve had to pay if you’d agreed to have the evidential breath test and then that test (or a subsequent blood test) showed you were within that infringement-notice band for breath-alcohol or blood-alcohol. In those cases, the fine is only $200.

Land Transport Act 1998, s 70A, 77

If you have an evidential breath test and it shows you’re over the limit that applies to you, the police officer must tell you this result and warn you that this could in itself lead to a court conviction or an infringement notice. If they don’t tell you this, the test result can’t be used in court or as the basis for an infringement notice.

After the police have told you this, you then have 10 minutes to choose whether to have a blood test. In court, a blood test will override the results of the breath test.

However, the police don’t have to tell you that information, and you don’t have the right to choose a blood test, if you’re an adult on a standard driver’s licence and the evidential breath test shows you’re within the infringement-notice band of 250 to 400 micrograms, rather than the higher band (over 400 mcg) for which you can get a criminal conviction and a heavier penalty.

Land Transport Act 1998, s 71A

You can be made to have a saliva test (“oral fluid test”) by the police:

• if they stop you while you’re driving or trying to drive (for example, at a police alcohol checkpoint)
• if they have good reason to suspect you’ve recently committed a driving offence or
• if you were involved in an accident as a driver (or if the police can’t establish who was driving the vehicle but it’s reasonable for them to think that you were in it at the time).

You can be made to have a saliva test after you have done an evidential breath test, but not if you’ve done a drug impairment test (see “Drug impairment tests” below).

You can be made to stay with the police to have the saliva test or to go with them to have the test (like to the police station).

If you are made to have a saliva test by police, they have to tell you immediately that:

• you will have to have a blood test if you refuse to have a saliva test
• you can be given an infringement notice or charged with an offence if the blood test result is positive for alcohol or drugs
• you might have to pay for the blood test if the result is positive.

Land Transport Act 1998, s 71A(6)

It’s not an offence to refuse to have the saliva test itself, but it is an offence if you don’t go with the police officer to the testing place. It’s also an offence if you don’t stay there once you’ve arrived, or if you have the test but then don’t stay until the result is known. In these cases, the police officer can arrest you, and if you’re convicted in court you can be fined up to $4,500 and disqualified from driving for a period decided by the judge.

Land Transport Act 1998, s 71E

The police can make you accompany them for a blood test if:

• you refuse or fail to have a saliva test when required
• you have two saliva tests that come back with positive for drugs or alcohol, if you were driving or riding in a vehicle that has been involved in an accident where another person has been injured or killed
• you have chosen to have a blood test after having two saliva tests that came back positive for drugs or alcohol (see: “What are my rights if I return a positive saliva test result?” below), or
• you have failed a drug impairment test (see: “When can I be required to have a drug impairment test?”).

Land Transport Act 1998, ss 71B-71C

If you have a saliva test and the result is positive, you have to have a second saliva test immediately. Police will require you to have a second saliva test if the first one doesn’t produce a result, and a third one if the second also doesn’t produce a result.

For these further tests, as with the first test, you have to stay with the police or accompany them to a testing station, and they can arrest you if you refuse to do so.

Land Transport Act 1998, s 71D

If you have two saliva tests and both return positive results, you can choose to have a blood test within ten minutes of being told the result of the saliva test. Police have to immediately tell you that if the blood test result is positive, then you may have to pay a fee for the blood test.

Land Transport Act 1998, ss 70A, 72

The police can require you to have a blood test:

• if you’ve refused to have an evidential breath test
• once you’ve chosen to have a blood test after an evidential breath test has shown you’re over the breath-alcohol limit that applies to you (see: “Evidential breath tests” above)
• if an evidential breath test isn’t available
• if you’ve been arrested on suspicion of a drink/drug driving offence and either a doctor believes you may be under the influence of drink or drugs or you’ve refused to let a doctor examine you
• if you’ve failed a drug impairment test (see below: “Drug impairment tests”).

You have the right to choose to have a blood test if an evidential breath test shows you’re over the breath-alcohol limit that applies to you.

Land Transport Act 1998, ss 68(2), 69(7), 72, 73, 74(5)-(7)

A blood test has to be taken by a doctor or nurse. If you’re in hospital after a traffic accident, breath tests aren’t allowed, but blood samples can be taken from you whether you agree to this or not, including while you’re unconscious. You can later ask for that blood sample to be independently analysed.

Land Transport Act 1998, s 60

No. If you refuse to have the blood test it’s a criminal offence. For a first or second conviction, you can be imprisoned for up to three months or fined up to $4,500, and you have to be disqualified from driving for at least six months.

Land Transport Act 1998, s 71A, 71F

If the police have good reason to suspect you’ve taken drugs, they can require you to do an impairment test in any of the following situations:

• if they stop you while you’re driving or trying to drive (for example, at a police alcohol checkpoint)
• if they have good reason to suspect you’ve recently committed a driving offence
• if you were involved in an accident as a driver (or if the police can’t establish who was driving the vehicle but it’s reasonable for the police to think that you were in it at the time)
• if you have two saliva tests and the second does not produce a positive result.

Land Transport Act 1998, s 60(1)(d)

No – it’s an offence to refuse to have a drug impairment test. For a first or second conviction, you can be imprisoned for up to three months or fined up to $4,500, and you have to be disqualified from driving for at least six months.