Drink Driving — Auckland
Excess breath alcohol &
drink driving
charges.
Drink driving charges carry real consequences — but the charge may be weaker than it looks, and even where it isn't, there are often meaningful options. Get advice before your first appearance.
- Excess breath alcohol (over 400 mcg/L) — criminal charge
- Mid-range infringement (251–400 mcg/L)
- Blood alcohol charges
- Refusing to provide breath or blood specimen
- First, second, and subsequent offences
- Discharge without conviction applications
- Limited licence applications (s103 LTA)
- Alcohol interlock licence
What you need to know
Drink driving charges in New Zealand.
New Zealand has two drink driving thresholds for drivers aged 20 and over. The infringement threshold (251–400 micrograms per litre of breath, or 51–80 mg/100ml blood) is dealt with by infringement notice rather than court proceedings, and does not result in a criminal conviction. The criminal threshold (over 400 mcg/L breath, or over 80 mg/100ml blood) is prosecuted through the courts and carries mandatory disqualification and a risk of imprisonment.
For a first or second criminal conviction, the maximum penalty is three months' imprisonment or a fine of up to $4,500, with mandatory disqualification of at least six months. A third or subsequent conviction within five years carries disqualification of more than one year and significantly heavier penalties, including potential indefinite disqualification in serious cases.
Before deciding how to respond to a charge, it is important to review the Police evidence carefully. Evidential breath testing devices must be operated correctly and certified to strict standards. If the equipment was not properly maintained, the testing procedure was not followed correctly, or the evidential test was not administered in accordance with the Land Transport Act 1998, the evidence may be challengeable and the charge may not stand.
Even where the charge is not in dispute, there are meaningful options. A discharge without conviction can be available where the consequences of conviction are out of proportion to the seriousness of the offending. A limited licence can allow you to continue driving for work even after disqualification. Get advice before your first court appearance.
Challenging the evidence
Evidential breath testing devices must meet strict certification and maintenance requirements. Police must also follow a prescribed testing procedure under the Land Transport Act. If either requirement is not met, the evidence may be inadmissible and the charge may not proceed.
Discharge without conviction
Available under s106 of the Sentencing Act 2002 where the consequences of conviction are out of all proportion to the gravity of the offending. Employment, travel, professional registration, and immigration consequences are all relevant. Applications require specific evidence and well-structured submissions.
Limited licence (s103 LTA)
After a 28-day stand-down period following disqualification, you may apply to the court for a limited licence allowing you to drive for work or essential purposes. The application must demonstrate extreme hardship to you, or undue hardship to another person. Vague hardship claims are regularly refused.
Alcohol interlock licence
In some cases, particularly repeat offending — the court may impose an alcohol interlock sentence as an alternative to standard disqualification. This requires a device to be fitted to your vehicle that prevents it starting if alcohol is detected in your breath.
Get in Touch
Don't wait.
Early advice can change the direction of your case. All enquiries strictly confidential.
Call Sam directly
022 690 5828
Available 7 days.