Will I lose
my licence?

Drink driving (excess breath or blood alcohol)

For a first or second criminal conviction for excess breath or blood alcohol, mandatory disqualification applies for a minimum of six months. For a third or subsequent conviction within five years, the minimum disqualification is more than one year. In the most serious cases of repeat offending — for example, three drink driving offences within five years — the court must order indefinite disqualification, which can only be removed by the NZ Transport Agency after a minimum of one year and upon satisfaction that you are fit to drive.

Careless driving

Disqualification is not mandatory for all careless driving charges. Whether the court imposes disqualification depends on the seriousness of the offending and the circumstances. For less serious careless driving charges, disqualification can sometimes be avoided entirely through careful sentencing submissions.

Driving while disqualified or suspended

Further disqualification is common upon conviction for driving while disqualified, particularly for repeat offending. The length of any further disqualification will depend on the circumstances and your driving history.

Special reasons — avoiding disqualification

Section 81 of the Land Transport Act provides that mandatory disqualification may not be ordered where there are special reasons relating to the offence that make it unjust to do so. This is a high threshold and applies to circumstances of the offence rather than personal circumstances — but in some cases it can be relevant.

Limited licence

Even where disqualification is imposed, a limited licence under section 103 of the Land Transport Act may allow you to continue driving for work or essential purposes. After most court-imposed disqualifications there is a 28-day stand-down period before the application can take effect. For demerit point suspensions there is no stand-down. The application must establish extreme hardship to you, or undue hardship to another person. Specific evidence is required, not general claims.

Alcohol interlock licence

In some cases, particularly for second or subsequent drink driving offences — the court may impose an alcohol interlock sentence. This requires an interlock device to be fitted to your vehicle that prevents it starting if alcohol is detected. After completing the interlock period, you move to a zero-alcohol licence for three years.

The key point

Losing your licence is not always as inevitable as people assume. The length of disqualification can sometimes be reduced, a limited licence may be available to protect your employment, and in some cases a discharge without conviction will avoid disqualification altogether. Get advice before assuming the worst.