Drink Driving in New Zealand

What is the legal alcohol limit in New Zealand?

For drivers aged 20 and over: 250 micrograms of alcohol per litre of breath, or 50 milligrams per 100 millilitres of blood. Between 251 and 400 micrograms (51–80mg blood) is an infringement — a $200 fine (breath) or $700 (blood) and 50 demerit points, with no conviction. Over 400 micrograms (80mg blood) is a criminal offence. For drivers under 20 the limit is zero — any alcohol at all is an offence.

My reading was over 400 — what happens now?

You will be charged and the case goes to the District Court. A first or second conviction carries up to 3 months' imprisonment or a fine up to $4,500, plus mandatory disqualification of at least 6 months — the disqualification is the part that upends most people's lives. Sentencing turns on the reading, your history and your circumstances, and an early, well-prepared approach (including whether a limited licence or, rarely, a discharge without conviction is arguable) makes a real difference.

Will I lose my licence — and can I get a work licence?

A criminal drink-driving conviction brings a mandatory minimum 6-month disqualification. New Zealand law does allow applications for a limited licence to drive for work or other essential purposes in some circumstances — but not for everyone, not immediately in all cases, and it requires a proper court application with evidence of hardship. Whether you are likely to qualify is one of the most valuable things to find out early.

Can I refuse the breath or blood test?

Refusing achieves nothing except a different charge. Failing or refusing to supply a blood specimen when required is an offence under s 60 of the Land Transport Act, penalised in the same league as a high reading — court, conviction, disqualification. You are entitled to speak to a lawyer, and the free on-call Police Detention Legal Assistance scheme exists for exactly this moment — but the testing regime itself is compulsory.

This is my third drink-driving charge. How much worse is it?

Substantially. A third or subsequent conviction carries up to 2 years' imprisonment or a fine of up to $6,000, disqualification of more than a year, and the realistic prospect of an alcohol-interlock pathway back to driving. Courts treat repeat drink-driving as a pattern, not an accident — and this is the point where proper legal representation stops being optional.

What is the 28-day roadside suspension?

For high readings — over 650 micrograms of breath alcohol (or the blood equivalent) — or refusal, police suspend your licence on the spot for 28 days, before any court date. It runs separately from whatever disqualification the court later imposes. Driving during it is a fresh offence.

Is this legal advice? Are you a law firm?

No. Legal Hotline is not a law firm. The free line gives clear, general legal information about New Zealand's drink-driving and traffic law — not legal advice on your specific case — and calling creates no lawyer-client relationship. For advice and representation, book a one-hour consultation with an expert New Zealand traffic lawyer for a fixed NZ$295 (GST inclusive), right on the call.