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Charged With Drink-Driving in Marlborough? Here's What Happens Next.

A drink-driving charge in Marlborough is dealt with under one nationwide law — the Land Transport Act 1998 — but your case will be heard locally, almost always at the Blenheim District Court on Alfred Street. Whether you were stopped on State Highway 1 near Blenheim, coming home from a Marlborough winery, or anywhere across the region, the limits, the penalties and the deadlines are the same throughout New Zealand. What changes is where you front up and who can help you locally. This page sets out, in plain English, what the law says, what a conviction can mean for your licence and your record, and where to get free help in Marlborough. This is general legal information to steady you — not legal advice, and it creates no lawyer-client relationship.

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Drink Driving in Marlborough — what to do right now

Do this first: read every piece of paper the police gave you and find your court date. Drink-driving at the criminal level is charged under section 56 of the Land Transport Act 1998 and is heard in the District Court — for Marlborough that is the Blenheim District Court, 58 Alfred Street, Blenheim. If your breath-alcohol was over 400 micrograms (or your reading was very high, or you have a recent prior), the police may have given you an immediate 28-day roadside licence suspension on the spot, so do not drive until you have checked. A conviction carries a mandatory minimum disqualification of at least six months, so this is worth getting advice on early. If you can't afford a lawyer, Community Law Marlborough offers free legal help — see the resources below.


The law in Marlborough: Drink Driving

New Zealand has a single national legal system. There is no state or provincial drink-driving law — the rules in Marlborough are identical to those in Auckland, Christchurch or anywhere else, set by the Land Transport Act 1998 and enforced by New Zealand Police. What is local is the court: a Marlborough drink-driving charge is heard in the District Court of New Zealand sitting at Blenheim, with serious or jury matters able to be escalated to the High Court.

The core offence is section 56 of the Land Transport Act 1998 — contravention of the specified breath or blood-alcohol limit. For an adult driver (20 and over) the limits sit on two levels. Between 250 and 400 micrograms of alcohol per litre of breath (or 50 to 80 milligrams per 100ml of blood) it is an infringement offence — handled by an infringement fee and demerit points, not a criminal conviction. Above 400 micrograms of breath alcohol (or 80mg of blood alcohol) it becomes a criminal offence heard in the Blenheim District Court, with the prospect of a fine, disqualification, and in serious cases imprisonment. For drivers under 20 there is a zero-alcohol limit: any reading above zero is an offence, and a reading of 150 micrograms breath / 30mg blood or more is dealt with criminally.

Two consequences blindside people. First, the 28-day roadside licence suspension: police can suspend your licence on the spot for 28 days if you blow over 650 micrograms of breath alcohol (over 130mg blood), or over 400 micrograms if you have a relevant conviction in the last four years — this happens immediately, before you ever reach court. Second, the alcohol interlock sentence: under the interlock regime in the Act, if you are convicted with a reading at or over 800 micrograms breath (160mg blood), or you have a further drink-driving conviction within five years, the court must generally sentence you to an alcohol interlock licence — a device fitted to your car that you keep for at least 12 months, followed by a three-year zero-alcohol licence.

The penalties scale with the reading and your history. A first or second criminal drink-driving offence carries up to three months' imprisonment or a fine of up to $4,500, plus mandatory disqualification of six months or more. A third or subsequent offence carries up to two years' imprisonment or a fine of up to $6,000, plus disqualification of more than one year. Where drink-driving causes injury or death, far heavier penalties apply under the Act — up to 10 years' imprisonment for causing death. Because the disqualification minimums are mandatory, a Marlborough driver who pleads guilty without advice can lose their licence for longer than they needed to.

Key Statutes

  • Land Transport Act 1998, s56 — driving with excess breath or blood alcohol (the main charge)
  • Land Transport Act 1998, s57A — driving under 20 with any alcohol present (zero limit)
  • Land Transport Act 1998, s58 — driving while under the influence / incapable of proper control
  • Land Transport Act 1998, s61 — drink-driving causing injury or death (up to 10 years' imprisonment for death)
  • Land Transport Act 1998 — alcohol interlock sentencing regime (ss65AB–65AG) and the 28-day roadside suspension

Courts & Services

  • Blenheim (Te Waiharakeke) District Court, 58 Alfred Street — hears Marlborough drink-driving charges
  • High Court of New Zealand — serious matters or jury trials escalated from the District Court
  • New Zealand Police — stop, test, charge, and serve any 28-day roadside suspension
  • NZ Transport Agency Waka Kotahi — administers licences, disqualifications and the alcohol interlock programme
  • Community Law Marlborough — free legal help for those who can't afford a lawyer

The Limits & Clocks That Catch People

  • 250–400 mcg breath (50–80mg blood) — adult infringement zone: fee + demerit points, no conviction
  • Over 400 mcg breath (80mg blood) — adult criminal offence in the Blenheim District Court
  • Zero — the limit for any driver under 20; any reading above zero is an offence
  • 28-day roadside suspension — immediate, over 650 mcg breath (or over 400 with a prior in 4 years)
  • At/over 800 mcg breath (or a second offence within 5 years) — mandatory alcohol interlock sentence

The 28-Day Suspension That Happens Before You Ever See a Judge

Here's what blindsides people: for a high reading, your licence can be taken on the roadside, on the night, long before your Blenheim court date. If you blow over 650 micrograms of breath alcohol (over 130mg blood), or over 400 micrograms with a relevant conviction in the last four years, the police can serve an immediate 28-day suspension and take your physical licence on the spot under the Land Transport Act 1998. That is separate from — and on top of — anything the District Court later orders. Many drivers assume nothing happens until court and keep driving, which is itself a fresh offence. Don't guess. Check your paperwork, and if you're unsure whether you've been suspended, get advice before you get back behind the wheel.


Likely outcomes & penalties

Every Marlborough drink-driving case turns on its own facts — your breath or blood reading, whether you have priors within the relevant windows, whether anyone was hurt, and how the stop and testing were carried out. These are the statutory ranges under the Land Transport Act 1998, not predictions about your case.
Adult infringement (250–400 mcg breath)
A $200 infringement fee and 50 demerit points. This is not a criminal conviction and is not dealt with in the District Court — but 100 demerit points within two years triggers a separate three-month licence suspension, so a second infringement matters.
First or second criminal offence (over 400 mcg breath)
Up to three months' imprisonment or a fine of up to $4,500, plus mandatory disqualification of six months or more. Most first offences resolve without prison, but the disqualification minimum is fixed by statute and the court must impose it.
Third or subsequent offence
Up to two years' imprisonment or a fine of up to $6,000, plus disqualification of more than one year. A high reading or a recent prior also brings the mandatory alcohol interlock sentence — interlock for at least 12 months, then a three-year zero-alcohol licence.
Drink-driving causing injury or death
Far heavier penalties apply — up to five years' imprisonment for causing injury and up to 10 years for causing death, plus disqualification of one year or more. These serious matters may be escalated from the Blenheim District Court to the High Court.

Mistakes to avoid

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Assuming nothing happens until your court date — for a high reading, the police can serve an immediate 28-day roadside suspension on the night and take your licence on the spot, before you ever see a judge in Blenheim.
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Driving while suspended or disqualified because you "needed to get to work" — this is a separate, serious offence under the Land Transport Act 1998 that can mean vehicle impoundment and a longer disqualification.
⚠️
Pleading guilty quickly without advice, not realising the disqualification minimums (at least six months for a first or second offence) are mandatory — and that how the testing was done can sometimes be challenged.
⚠️
Thinking a borderline reading just under 400 micrograms is "nothing" — between 250 and 400 it is still an infringement with 50 demerit points, and a second one within two years pushes you to 100 points and a suspension.
⚠️
As a driver under 20, believing a "low" reading is fine — the limit is zero, so any alcohol at all is an offence, and 150 micrograms or more is dealt with criminally with disqualification.

How it works

1
Call 0800 461 100 for free, plain-English information about your Marlborough drink-driving charge. This free New Zealand service lets you get a calm answer about your first steps, any time, without an income test or a web form.
2
Get information matched to New Zealand law. The assistant explains the Land Transport Act 1998 — the section 56 limits, the 28-day roadside suspension, the alcohol interlock rules, and the disqualification minimums — and points you to the Blenheim District Court process. This is legal information, not legal advice, and creates no lawyer-client relationship.
3
Connect with a Marlborough lawyer if you want one. If your situation calls for representation, we can help you arrange a consultation with a New Zealand-qualified lawyer who handles drink-driving matters at the Blenheim District Court — arranged through us, not an instant online checkout.

Free & low-cost Drink Driving help in Marlborough

If you can't afford a private lawyer, these New Zealand services can help with information, free advice, or a referral. Legal Hotline is not a law firm or a community law centre and does not provide these services — we point you to them and give general information, not legal advice.

Free, confidential legal help for people in Marlborough, Picton and Kaikōura who can't afford a lawyer or aren't eligible for legal aid. Based at Level 4, 1 Market Street, Blenheim — phone 0800 266 529 or (03) 577 9919.
Free, independent information and guidance, including a free legal advice clinic. Drop in at 25 Alfred Street, Marlborough Community Centre, Blenheim, or call the free national line 0800 367 222.
Government-funded legal help for those who qualify on income. A drink-driving charge that risks imprisonment can attract legal aid; the official page explains eligibility and how to apply.
The court that hears Marlborough drink-driving charges, at 58 Alfred Street, Blenheim. The Ministry of Justice page lists contact details, hours, and how to find your hearing date.
The official explainer on drink-driving penalties, the 28-day roadside suspension, disqualification and the alcohol interlock programme — useful background before your court date.
The official directory to find a New Zealand-qualified lawyer, including those who handle criminal and traffic matters in the Marlborough region.

FAQ — Drink Driving in Marlborough

I've been charged with drink-driving in Marlborough — which court will I go to?

Almost certainly the Blenheim District Court (Te Waiharakeke) at 58 Alfred Street, Blenheim, which hears Marlborough drink-driving charges. Serious matters or jury trials can be moved up to the High Court. Your court date will be on the paperwork the police gave you — read it carefully, because attendance is required. For free, plain-English information about your first steps, call 0800 461 100, any hour.

What's the legal alcohol limit for driving in New Zealand?

For drivers 20 and over, the limits are 250 micrograms of alcohol per litre of breath, or 50 milligrams per 100ml of blood. Between 250 and 400 micrograms breath it's an infringement (a fee and demerit points); above 400 micrograms it becomes a criminal charge heard in the District Court. For drivers under 20 the limit is zero — any alcohol at all is an offence. These limits are the same everywhere in New Zealand, including Marlborough.

The police took my licence on the night — can they do that before court?

Yes. If you blow over 650 micrograms of breath alcohol (over 130mg blood), or over 400 micrograms with a relevant conviction in the last four years, police can serve an immediate 28-day roadside suspension and take your physical licence on the spot under the Land Transport Act 1998. That is separate from anything the Blenheim District Court later decides. Do not drive until you've checked whether you've been suspended — driving while suspended is a fresh offence.

Will I lose my licence for a first drink-driving offence?

If you're convicted of a criminal-level first offence (over 400 micrograms breath), yes — the Land Transport Act 1998 sets a mandatory minimum disqualification of six months or more, and the court must impose it. A reading in the 250–400 microgram infringement zone doesn't bring a conviction or court disqualification, but it does carry 50 demerit points. Getting advice early can affect the outcome, so it's worth doing.

What is an alcohol interlock and will I have to get one?

An alcohol interlock is a breath-testing device fitted to your car that stops it starting if it detects alcohol. Under the Land Transport Act 1998, the court must generally sentence you to an alcohol interlock licence if you're convicted with a reading at or over 800 micrograms of breath (160mg blood), or you have a further drink-driving conviction within five years. You keep the interlock for at least 12 months, then move to a three-year zero-alcohol licence.

What are the penalties for a third drink-driving offence?

A third or subsequent criminal drink-driving offence carries up to two years' imprisonment or a fine of up to $6,000, plus mandatory disqualification of more than one year. A high reading or a recent prior also triggers the mandatory alcohol interlock sentence. These are the maximums and minimums set by the Land Transport Act 1998; your actual outcome depends on your facts, which is why advice matters.

I'm under 20 — does the same limit apply to me in Marlborough?

No — the limit for any driver under 20 is zero. Any alcohol in your system is an offence. A reading above zero but under 150 micrograms breath is an infringement (a fee and demerit points); 150 micrograms or more is dealt with criminally, with disqualification. The rule is the same throughout New Zealand, including Marlborough. If you're a young driver facing this, get advice early.

Can I get free legal help with a drink-driving charge in Marlborough?

Yes. Community Law Marlborough (0800 266 529, Level 4, 1 Market Street, Blenheim) offers free, confidential legal help for people who can't afford a lawyer or aren't eligible for legal aid, and the Citizens Advice Bureau Marlborough runs a free legal clinic. If your charge risks imprisonment you may also qualify for government legal aid through the Ministry of Justice.

Do I have to appear at the Blenheim District Court myself?

For a drink-driving charge you are generally required to attend court, and a lawyer can appear with you or, in some situations, on your behalf. Your first court date will be on the police paperwork — missing it can lead to a warrant for your arrest. If you're unsure what your charge sheet means or what you need to do, get advice before the date, not after.

I refused or couldn't complete the breath test — what happens now?

Failing or refusing to give a breath or blood specimen when lawfully required is itself an offence under the Land Transport Act 1998, carrying penalties similar to the high-level drink-driving offences, including disqualification. It is rarely a way out. The exact situation depends on what was asked and how — this is something to get advice on quickly rather than assume.

How much will it cost to get information about my charge?

The information service for New Zealand is free, with no income test and no web form — it gives you general legal information to orient you, not legal advice, and creates no lawyer-client relationship. Call 0800 461 100, any hour. Community Law Marlborough and the Citizens Advice Bureau also offer free help in Blenheim.


Are you a Marlborough lawyer who handles drink-driving cases? Join our network.

We connect worried Marlborough drivers — facing a drink-driving charge at the Blenheim District Court, a 28-day roadside suspension, or a possible alcohol interlock sentence — with New Zealand-qualified lawyers who can act. If you're a lawyer in the Marlborough region who handles drink-driving and traffic matters and would like sensible, ready-to-consult enquiries sent your way, we'd like to hear from you. This is a referral path for vetted lawyers, separate from the free information service for drivers. Reach out to learn how to join.

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Last updated: 21 June 2026. Reviewed by the Legal Hotline Editorial Team.

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.

Facing a drink-driving charge in Marlborough? Get clear information.

A drink-driving charge in Marlborough is governed by one national law — the Land Transport Act 1998 — but heard close to home at the Blenheim District Court, and the deadlines and disqualifications can move faster than people expect. You don't have to work out the limits, the 28-day suspension and the interlock rules on your own. Our free, plain-English information service for New Zealand is live now on 0800 461 100, any hour. Community Law Marlborough and the Citizens Advice Bureau in Blenheim also offer free help. This page is general legal information, not legal advice, and creates no lawyer-client relationship.

Free legal information. Not legal advice.

Last updated 21 June 2026
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