Alcohol and drugs, including some drugs given to you by a doctor, can seriously affect your driving. Even a small amount can slow your reaction times and affect your senses.
You risk causing death and serious injury to yourself and other people if you drive under the influence of alcohol or drugs.
The law says you must not drive if the amount of alcohol in your blood or breath exceeds certain age-related limits. These limits are shown below.
There is a zero alcohol limit if you are under 20. That means if you drive after consuming even one drink you can be charged with drink-driving.
You must not drive if you have more than 250 micrograms of alcohol per litre of breath, or more than 50 milligrams of alcohol per 100 millilitres of blood.
It is difficult to say how many alcoholic drinks you can have before you reach these limits. It depends on many factors, including:
Because of this, and because even small amounts of alcohol can affect your driving, the best advice is: if you drink at all, don’t drive.
The law also says you must not drive if you have taken any type of drug that may negatively affect your ability to drive safely. If you are prescribed drugs by a doctor, always ask if they will have any effect on your driving.
ImportantBefore you start driving, if you feel that you are too tired or unwell to drive safely and could pose a hazard on the road to yourself or other road users, then you must not drive. |
You can be stopped by the police and breath-tested at any time. The police can use the following tests to see if you have been drinking or taking drugs.
The police officer will place a hand-held device in front of your mouth and ask you to talk into it. This will show if you have recently drunk any alcohol. If any alcohol is detected, a breath screening test will be required.
The police officer will give you a small electronic device, and will ask you to blow into it. If your alcohol level is high, you will be asked to take an evidential breath test or have a blood test.
This is an electronic device you blow into, which gives a reading that can be used in court as evidence of your breath–alcohol concentration.
If you have a blood test, a medical doctor or other approved person will take a sample of your blood to be tested for alcohol or drugs.
This includes an eye assessment, a walk and turn, and a one leg stand assessment.
If you fail you may be forbidden to drive and required to have a blood test.
A police officer can ask you to take a passive breath test or breath screening test if:
You must wait with the officer for the result of the test.
If the test shows you have been drinking, you must:
If you don’t, you may be arrested.
You may:
If your blood test shows you are over the legal limit, you will be given a copy of the blood test certificate.
You may ask for your blood sample to be tested by an independent analyst. If you want this to happen, it’s important that you talk to a lawyer as soon as possible.
The following table shows some of the penalties for driving offences related to alcohol and drugs.
Offence |
Amount of alcohol |
Penalty |
|||
Blood |
Breath |
Prison |
Fine |
Disqualification or suspension of licence |
|
| You kill or injure someone when driving after drinking too much or taking drugs | More than 80mg per 100ml |
More than 400 micrograms per litre | Up to 10 years | Up to $20,000 |
First or second offence - one year or more Third or subsequent offence - more than one year |
| You drive, or try to drive, after drinking too much or taking drugs | More than 80mg per 100ml | More than 400 micrograms per litre | First and second offences | ||
| Up to three months | Up to $4500 | Six months or more | |||
| Third and subsequent offences | |||||
| Up to two years | Up to $6000 | More than one year | |||
| You drive, or try to drive, after drinking too much | More than 80mg per 100ml | More than 400 micrograms per litre | Second and subsequent offences | ||
| The court may impose a 'zero alcohol licence' in addition to the penalties listed above | |||||
| You drive, or try to drive, after drinking too much | More than 160mg per 100ml | More than 800 micrograms per litre | First and subsequent offences | ||
| The court may impose an alcohol interlock disqualification with an accompanying three month disqualification period as an alternative to the penalties listed below | |||||
| You drive, or try to drive, after drinking too much or taking drugs and you are aged under 20 years |
More than 30mg per 100ml |
More than 150 micrograms per litre | Up to three months | Up to $2250 | Three months or more |
| You refuse to give blood when asked by a police officer, doctor or approved person | First and second offences | ||||
| Up to three months | Up too $4500 | Six months or more | |||
| Third and subsequent offences | |||||
| Up to two years | Up to $6000 | More than one year | |||
| You refuse to go with a police officer for an evidential breath test or blood test | Up to $4500 | As decided by the court | |||
| You are in charge of a vehicle after drinking too much or taking drugs and you do not hand over the keys when asked by a police officer | Up to $10,000 | ||||
Offence |
Penalty |
||
| Prison | Fine | Disqualification or suspension of licence | |
| You drive drug impaired but no one is injured, or fail or refuse to do the impairment test | First or second offence | ||
| Up to three months | Up to $4500 | At least six months | |
| Third or subsequent offence | |||
| Up to two years | Up to $6000 | More than one year | |
| You drive drug impaired causing injury or death | Up to three years | Up to $10,000 | One year or more |
| You drive carelessly causing injury or death with class A drugs in the blood | Up to three years | Up to $10,000 | Once year or more |
Your licence will be suspended on the spot if you refuse to have a blood test or if, following an evidential breath or blood test, you are found to have:
* A lower threshold of 80 milligrams or 400 micrograms will apply if, in the previous four years, you have been convicted of:
Your licence will be suspended for 28 days and you will still have to face court-imposed penalties.
The penalties described on the previous pages may be increased substantially for repeat offences.
In addition, if you commit two alcohol-related offences within a five-year period and one of those offences involves:
then you will be:
If you commit an alcohol-related offence and:
then you could be:
You can apply for the removal of an alcohol-related indefinite disqualification if:
The disqualification can only be ended by Waka Kotahi NZ Transport Agency. Once it has been ended, you will be unlicensed and must not drive again until you apply to have your licence reinstated and a new licence has been issued. Before a new licence can be issued you will also need to sit and pass the relevant tests or complete approved courses.
