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Drink/drug driving

Alcohol: The drink-driving offences

Driving while over the alcohol limits

Adults driving over the alcohol limits

Land Transport Act 1998, ss 11, 11A, 12, 58(1)(b)

If you’re 20 or older, you must not drive, or try to drive, a vehicle while:

  • your breath-alcohol level is more than 250 micrograms per litre, as shown by an evidential breath test, or
  • your blood-alcohol level is more than 50 milligrams per 100 millilitres, as shown by a blood test.

Land Transport Act 1998, s 56

There are two levels of penalties, depending on how far over the limits you are:

  • Infringement notice if under 400 mcg / 80 mg – If your breath-alcohol level is between 250 and 400 micrograms, or if your blood-alcohol level is between 50 and 80 milligrams, you can be given a $200 on-the-spot infringement notice. This is similar to a speeding ticket, in that you don’t have to go to court and you don’t get a criminal record (see: “Court processes: How driving offences are dealt with”). You’ll also get demerit points.
  • Criminal charges if over 400 mcg / 80 mg – If your breath-alcohol level is more than 400 micrograms, or your blood-alcohol level is more than 80 milligrams, you can be prosecuted through the courts. If you’re convicted, your sentence will depend on if it’s your first drink-driving offence or not (see below). You’ll also be automatically disqualified for at least six months.

Possible sentences for drink-driving offences

  • If it’s your first drink-driving offence, you’ll typically have to pay a fine in proportion to how far over the limit you are.
    • For being over the breath-alcohol limit, the dollar amount of the fine will usually be the same as your breath-alcohol level – for example, for breath-alcohol of 500 mcg (100 mcg over the limit), you’ll be fined $500, for 600 mcg you’ll be fined $600, and so on.
    • For being over the blood-alcohol limit, typical fines for a first offender work in the same way, but multiplied by five – for example, if your blood-alcohol level is 100 mg (10 mg over the limit), you’ll be fined $500, for 120 mg you’ll be fined $600, and so on. As well as the fine you’ll usually have to pay court costs.
  • For a second drink-driving offence, likely sentences can depend on a number of factors, like how soon after the first offence it was.
  • For a third offence, the maximum penalties are much more serious (see: “Repeated or serious drink/drug driving: Heavier penalties”).

Under-20s driving over the alcohol limit

Land Transport Act 1998, ss 11(c)-(d), 56, 57

If you’re under 20, the breath-alcohol and blood-alcohol limits are zero. So if you have any alcohol at all in your breath or blood, you can be fined and given demerit points.

There are three levels of penalties for driving over the breath or blood-alcohol limits when you’re under 20, depending on how far over the limits you are:

  • Infringement notice if under 150 mcg / 30 mg – If your breath-alcohol level is between zero and 150 micrograms, or your blood-alcohol level is between zero and 30 milligrams, you can be given an $200 on-the-spot infringement notice, and you’ll also get demerit points. You don’t get a criminal record for this.
  • Criminal charges if over 150 mcg / 30 mg – If your breath-alcohol level is between 150 and 400 micrograms, or your blood-alcohol level is between 30 and 80 milligrams, you can be prosecuted through the courts and, if convicted, can be imprisoned for up to three months or fined up to $2,250. You’ll also be automatically disqualified for at least three months, and you’ll get demerit points.
  • Heavier criminal penalties if over 400 mcg / 80 mg – If your breath-alcohol level is more than 400 micrograms, or your blood-alcohol level is more than 80 milligrams, you can be imprisoned for up to three months or fined up to $4,500, and you’ll be automatically disqualified for at least six months. Those penalties are the same as for adult drivers.

Note: If you hold an alcohol interlock licence or a zero-alcohol licence, the legal limit for you is zero alcohol.

Driving while affected by alcohol

Offence to drive when incapable of control because of alcohol

Land Transport Act 1998, s 12

It’s an offence to drive, or try to drive, while you’re under the influence of alcohol so that you can’t properly control your vehicle.

For a first or second conviction, you can be imprisoned for up to three months or fined up to $4,500, and you’ll be automatically disqualified for at least six months.

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Driving and traffic law

Where to go for more support

Community Law

Your local Community Law Centre can provide you with free initial legal advice.

Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres/

For Community Law’s guide to applying for a limited licence and template application forms: communitylaw.org.nz/resources/legal-letters

Waka Kotahi – New Zealand Transport Agency

Waka Kotahi’s site provides a wide range of driving and road safety information, including on topics covered in this chapter.

Website: www.nzta.govt.nz
Phone: 0800 699 000
Email: info@nzta.govt.nz

Search your question on Waka Kotahi’s resources section: www.nzta.govt.nz/resources

New Zealand Police

The New Zealand Police’s “frequently asked questions” section provides helpful information, particularly the “Driving/road safety” and “Tickets/infringements” section.

Website: www.police.govt.nz/advice-and-services/faqs

New Zealand Government

The New Zealand government website sets out more information about driving fines and penalties, including how to pay for infringement notices.

Website: www.govt.nz/browse/transport/driving-fines-and-penalties

Consumer Protection

The Consumer Protection website has useful information on a range of consumer topics, including private parking tickets and the towing and clamping of cars.

Website: www.consumerprotection.govt.nz/help-product-service/cars/parking-clamping-towing

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