Charged With Drink-Driving in the Bay of Plenty? Here's What Happens Next.
A drink-driving charge in the Bay of Plenty is dealt with under one nationwide law — the Land Transport Act 1998 — but your case will be heard locally, in the Tauranga District Court (criminal matters sit at Cameron House on Cameron Road). If your breath or blood-alcohol reading was over the criminal limit, you face an automatic minimum six-month disqualification on conviction, and there are deadlines and choices in the first weeks that shape everything that follows. You don't have to make sense of it alone. This page sets out, in plain language, how drink-driving works in New Zealand and what it means here in the Bay of Plenty. It is general legal information to help you get your bearings — not legal advice, and reading it creates no lawyer-client relationship.
Free legal information. Not legal advice. Available 24/7 across Bay of Plenty.
Drink Driving in Bay of Plenty — what to do right now
First, work out which side of the line your reading fell on. Under the Land Transport Act 1998, an adult breath reading between 250 and 400 micrograms (or blood between 50 and 80 milligrams) is an infringement — a $200 fine and demerit points, no court and no criminal record. Over 400 micrograms of breath, or over 80 milligrams of blood, is a criminal charge heard in the District Court, carrying an automatic minimum six-month disqualification if you're convicted. Drivers under 20 have a zero limit. If you were given a court date, do not miss it — and if your reading was high (800+ micrograms) or you have a prior drink-driving conviction in the last five years, mandatory alcohol-interlock rules apply. Getting early advice before your first appearance is the single most useful thing you can do.
The law in Bay of Plenty: Drink Driving
New Zealand has one legal system nationwide — there are no state or provincial road laws. Drink-driving everywhere in the country, including the Bay of Plenty, is governed by the Land Transport Act 1998. What makes your case "local" is the court and the people who handle it: in this region that is the Tauranga District Court, with criminal matters (including drink-driving) heard at Cameron House, 46 Cameron Road, Tauranga. The Police prosecute; serious or jury matters can move up to the High Court at Tauranga.The core offence is section 56 of the Act — contravening the specified breath or blood-alcohol limit. For an adult driver (20 and over) the legal limit is 250 micrograms of alcohol per litre of breath, or 50 milligrams of alcohol per 100 millilitres of blood. The law then splits into two bands. A reading between 250 and 400 micrograms of breath (or 50 to 80 milligrams of blood) is an infringement offence: a $200 on-the-spot notice and 50 demerit points, dealt with without going to court and without a criminal conviction. A reading over 400 micrograms of breath, or over 80 milligrams of blood, is a criminal offence prosecuted in the District Court.
For drivers under 20 the limit is zero — any detectable alcohol is an offence under the Act's youth provisions. The same zero limit applies to anyone driving on an alcohol-interlock licence or a zero-alcohol licence, whatever their age. Separately, you can be charged under sections 11 and 58 with driving while so affected by drink that you are incapable of proper control, even without a specific reading.
On a first or second criminal conviction the maximum penalties are up to three months' imprisonment or a fine of up to $4,500, plus a mandatory minimum six-month disqualification from driving. A third or subsequent conviction is far more serious — up to two years' imprisonment or a $6,000 fine, and a minimum one-year disqualification. Since 1 July 2018, alcohol-interlock sentences became mandatory for high-level offending (a reading at or over 800 micrograms of breath / 160 milligrams of blood) or for anyone with a further drink-driving conviction within five years, under the section 65A framework introduced by the Land Transport Amendment Act 2017.
Key Statutes
- Land Transport Act 1998, s 56 — contravening the specified breath or blood-alcohol limit (the core drink-driving offence)
- Land Transport Act 1998, ss 11 & 58 — driving while incapable through drink, with no specific reading needed
- Land Transport Act 1998, s 65A (inserted 1 July 2018) — mandatory alcohol-interlock sentences for high-level or repeat offending
- Land Transport Act 1998, ss 103–105 — limited (work) licences and the 28-day stand-down before you can apply
- Land Transport Amendment Act 2017 — overhauled the interlock regime now in force
Courts & Agencies
- Tauranga District Court (Cameron House, 46 Cameron Road) — hears Bay of Plenty drink-driving charges
- High Court at Tauranga — serious or jury matters that escalate from the District Court
- New Zealand Police — lay and prosecute the charge
- NZ Transport Agency (Waka Kotahi) — administers disqualifications, interlock and zero-alcohol licences
- Baywide Community Law Service (Tauranga) — free legal help for those who qualify
The Limits & Numbers That Matter
- 250 mcg breath / 50 mg blood — the adult legal limit
- 250–400 mcg breath — infringement only: $200 fine + 50 demerits, no conviction
- Over 400 mcg breath / over 80 mg blood — a criminal charge in the District Court
- Zero — the limit for drivers under 20 and anyone on an interlock or zero-alcohol licence
- 800 mcg breath / 160 mg blood, OR a prior within 5 years — mandatory alcohol interlock
- 28 days — the stand-down before the court can grant a limited (work) licence
The 28-Day Wait Most Drivers Don't See Coming
Here's what catches Bay of Plenty drivers off guard: when the court disqualifies you, you cannot simply apply to keep driving for work the next day. Under the Land Transport Act 1998 there is a mandatory 28-day stand-down period from the date of disqualification before the Tauranga District Court can even consider granting you a limited (work) licence — and to get one you must prove extreme hardship to yourself or undue hardship to someone else under section 105. Worse, if your disqualification is imposed under section 65 (the repeat-offender or high-reading interlock path), you can't get a limited licence at all. People assume they'll sort out driving "afterwards" and lose a month of work they never planned for. Knowing this before your first court date changes the decisions you make in it. Get advice early — it's the difference between bracing for the wait and being blindsided by it.
Likely outcomes & penalties
Every drink-driving case turns on its own facts — your reading, whether anyone was hurt, your driving history, and how the stop and testing were carried out. The ranges below are the statutory maximums and minimums under the Land Transport Act 1998, not predictions about your case.Mistakes to avoid
How it works
Free & low-cost Drink Driving help in Bay of Plenty
If you can't afford a private lawyer, these New Zealand services can help with information, advice, or representation. Legal Hotline is not a law firm and does not provide these services itself — we point you to them and offer general information, not legal advice. Always check current details directly, as contact information and eligibility can change.
FAQ — Drink Driving in Bay of Plenty
What is the legal alcohol limit for driving in the Bay of Plenty?
It's the same nationwide, set by the Land Transport Act 1998. For an adult driver (20 and over) the limit is 250 micrograms of alcohol per litre of breath, or 50 milligrams per 100 millilitres of blood. For drivers under 20, and for anyone on an alcohol-interlock or zero-alcohol licence, the limit is zero. A reading between 250 and 400 micrograms of breath is an infringement; over 400 is a criminal charge.
Will I get a criminal record for a drink-driving charge?
It depends on your reading. An adult reading between 250 and 400 micrograms of breath (or 50–80 milligrams of blood) is an infringement — a $200 fine and demerit points, with no court and no criminal record. Over 400 micrograms of breath, or over 80 milligrams of blood, is a criminal offence heard in the Tauranga District Court, and a conviction does go on your record.
Which court will hear my case in the Bay of Plenty?
Drink-driving charges in this region are heard at the Tauranga District Court, with criminal matters sitting at Cameron House, 46 Cameron Road, Tauranga. Serious or jury matters can be moved up to the High Court at Tauranga. If you were given a court date, attending is mandatory — missing it can lead to a warrant for your arrest.
How long will I lose my licence for a first drink-driving offence?
If you're convicted of a criminal drink-driving offence (over 400 micrograms of breath), the Land Transport Act 1998 imposes a mandatory minimum six-month disqualification, even on a first offence. The court can disqualify you for longer depending on the facts. The infringement band (250–400 micrograms) does not carry disqualification.
Can I still drive for work while disqualified?
Possibly, through a limited (work) licence — but not straight away. There is a mandatory 28-day stand-down from the date of disqualification before the District Court can grant one, and you must prove extreme hardship to yourself or undue hardship to someone else under section 105. If you were disqualified under section 65 (the interlock path), you can't get a limited licence at all.
What happens if my breath reading was very high?
A reading at or over 800 micrograms of breath (or 160 milligrams of blood) triggers a mandatory alcohol-interlock sentence under section 65A of the Land Transport Act 1998. That means a period during which you can only drive a vehicle fitted with a working interlock device, before moving on to a zero-alcohol licence. The same applies if you have another drink-driving conviction within five years.
I'm under 20 — are the rules different for me?
Yes. Drivers under 20 have a zero alcohol limit, so any detectable alcohol is an offence. The penalties step up with the reading: a low reading can be an infringement, while higher readings carry the same kind of court penalties and disqualification as for adults. The same zero limit applies to anyone driving on an interlock or zero-alcohol licence, whatever their age.
What's the penalty for a third or repeat drink-driving offence?
A third or subsequent conviction is far more serious: up to two years' imprisonment or a fine of up to $6,000, and a minimum one-year disqualification. A further conviction within five years also brings the mandatory alcohol-interlock regime into play. The court treats repeat offending much more harshly, and a prison sentence is a genuine possibility.
Should I just plead guilty to get it over with?
Not without advice. A guilty plea is hard to undo once entered, and there may be questions about how the stop, the breath-screening, or the evidential test were carried out that are worth checking first. Even where a conviction is likely, how your case is presented can affect the disqualification length and whether you can apply for a limited licence. Getting advice before your first appearance is worthwhile.
Where can I get free legal help in the Bay of Plenty?
Baywide Community Law Service in Tauranga offers free legal information and advice to people who qualify, including on driving matters. You may also be eligible for government legal aid through the Ministry of Justice to pay for a lawyer, and the Citizens Advice Bureau can point you in the right direction. Links to all of these are listed above.
Is the advice on this page legal advice?
No. This page provides general legal information about how drink-driving law works in New Zealand and in the Bay of Plenty. It is not legal advice, it does not create a lawyer-client relationship, and it can't account for the specific facts of your case. For advice on your situation, speak to a lawyer or a Community Law Centre.
Are you a Bay of Plenty drink-driving lawyer? Join our network.
We connect New Zealand drivers facing drink-driving charges with local lawyers who can act quickly — on the charge itself, the disqualification, and limited-licence applications at the Tauranga District Court. If you're a Bay of Plenty lawyer who handles Land Transport Act matters and you'd like qualified, ready-to-consult clients referred your way, we'd like to hear from you. This is a referral path for vetted lawyers, separate from the free public information above. Reach out to learn how to join.
General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.
Sources & further reading
- Land Transport Act 1998, s 56 — New Zealand Legislation
- Land Transport Amendment Act 2017, s 65A (alcohol interlock) — New Zealand Legislation
- Alcohol: The drink-driving offences — Community Law Manual
- Tauranga District Court — Ministry of Justice
- Get a limited licence — Ministry of Justice
- Alcohol interlock programme — NZ Transport Agency Waka Kotahi
- Baywide Community Law Service (Tauranga & Whakatāne)
Facing a drink-driving charge in the Bay of Plenty? Get your bearings first.
A drink-driving charge can feel overwhelming — the court date, the six-month disqualification, the 28-day wait before you can even ask to drive for work. But it follows clear rules under the Land Transport Act 1998, and understanding them is the first step to making good decisions. Our free New Zealand information line is live now — call 0800 461 100 any hour for a plain-English explanation of where your case stands. This page and the local services above — the Tauranga District Court and Baywide Community Law Service — are also here to help you take the next step. This is general legal information, not legal advice.
Free legal information. Not legal advice.