First-Offence Drink Driving in NZ: What Actually Happens

If you have been charged with drink driving for the first time, the worst part is usually not knowing what comes next. Most people I act for have never been to court in their lives. The process feels designed to intimidate. It is not as unpredictable as it feels, and knowing the shape of it takes a lot of the fear away.

First, which charge are you facing?

For drivers aged 20 and over, the breath alcohol limit is 250 micrograms per litre of breath. A reading between 251 and 400 micrograms is an infringement: a fine and 50 demerit points, dealt with by notice rather than a criminal charge. A reading over 400 micrograms (or blood alcohol over 80 milligrams) is a criminal charge that goes to the District Court. That is the one this article is about. You can read the full breakdown on our drink driving limits page.

The first court appearance

You will be given a date for a first appearance in the District Court. A lot of people assume they have to turn up and plead guilty on day one. You do not. At the first appearance you can ask for the disclosure (the police file, including the breath test procedure), get advice, and decide how to plead. Entering a quick guilty plea before anyone has looked at the file is one of the most common and costly mistakes.

What are the penalties?

For a first offence over the criminal limit, the law provides for up to three months imprisonment or a fine of up to $4,500, and a mandatory minimum disqualification of six months. Imprisonment is uncommon for a straightforward first offence, but the disqualification is automatic on conviction. If your reading was very high (breath over 800 micrograms or blood over 160 milligrams), an alcohol interlock sentence is mandatory, even for a first offence.

What can actually be done?

More than people expect. The breath or blood testing procedure has strict requirements, and if they were not followed the charge can be challenged. Where the evidence is sound, the focus shifts to outcome: in the right case a discharge without conviction avoids both the conviction and the disqualification, and where disqualification does apply a limited licence can let you keep driving for work. Every one of these turns on getting advice early, before anything is conceded.

The single most useful thing you can do after a first charge is talk to a lawyer before your first appearance. It costs nothing to find out where you stand.