Drunk and Drive Offences in New Zealand

OFFENCE

It is an offence under section 56 of Land Transport Act 1998 if a person drives or attempts to drive a motor vehicle on road with alcohol ascertained in his Evidential Breath Test (EBT) as per section 69 of LTA exceeding 400 micrograms per litre of breath

or

if alcohol ascertained in the blood test as per section 72-73 of LTA of a person’s blood exceeding 80 milligrams per 100 millilitres of blood.

INFRINGEMENT

It is an infringement offence under section 56 of Land Transport Act 1998 if a person drives or attempts to drive a motor vehicle on road with alcohol ascertained in his Evidential Breath Test (EBT) as per section 69 of LTA exceeding 250 micrograms per litre of breath

or

alcohol ascertained in blood test as per section 72(1)(b) to (e) 73 of LTA of a person exceeding 50 milligrams but less than 80 milligrams per 100 millilitres of blood or if a person fails

or

a person refuses to undergo EBT after he is required to do so under section 69 of LTA and the result of the blood sample under section 72 (1)(a) ascertain alcohol exceeding 50 milligrams but less than 80 milligrams per 100 millilitres of blood of that person.

CONVICTION/PUNISHMENT

First or Second Offence:

If any person convicted for first or second offence of drunk and drive the maximum penalty is:

1. Imprisonment not exceeding 3 months or fine not exceeding $4,500. AND

2. Disqualification from holding or obtaining driving licence for 6 months more.

Third or Subsequent Offence:

If any person convicted for third or subsequent offence of drunk and drive or any of offences mentioned under section 57A(1),58(1),60(1) or 61(1) or (2) of LTA whether or not that offence is of same kind of ones earlier first or second offence the maximum penalty is:

1. Imprisonment not exceeding 2 years or fine not exceeding $6,000. AND

2. Disqualification from holding or obtaining driving licence for more than 1 year.