A drink-driving charge in Nelson is dealt with under one nationwide law — the Land Transport Act 1998 — but your case is heard locally at the Nelson District Court on Bridge Street. Whether you blew over the limit on Waimea Road, were stopped at a checkpoint near the port, or failed a test after a night in the central city, the offence, the limits, and the penalties are the same across New Zealand; what's local is the courtroom you'll stand in and the free services near you. This page explains the law in plain English and points you to real help in the Nelson and Tasman region. It is general legal information, not legal advice, and reading it does not create a lawyer-client relationship.
Free legal information. Not legal advice. Available 24/7 across Nelson.
First, understand which charge you're facing, because the line is sharp. If your breath alcohol was between 250 and 400 micrograms per litre (or blood between 50 and 80 milligrams per 100ml), that is an infringement — a $200 fine and 50 demerit points, with no criminal conviction. If you were over 400 micrograms of breath alcohol or 80 milligrams of blood alcohol, that is a criminal charge under section 56 of the Land Transport Act 1998, and you will receive a summons to appear at the Nelson District Court. For drivers under 20 the limit is zero. Do not ignore the court date on your paperwork — non-appearance makes everything worse. Get advice early: the free services listed below can help, and a lawyer can often appear for you.
The single most important thing to understand about a Nelson drink-driving stop is which side of 400 micrograms (breath) or 80 milligrams (blood) you fell on. Below that line — but above 250/50 — it's an infringement: a $200 fine and 50 demerit points, no court, no criminal record. One microgram over and it becomes a criminal charge under section 56(2) of the Land Transport Act 1998, with a mandatory court appearance at the Nelson District Court, a possible fine up to $4,500 or up to three months' imprisonment, and disqualification of at least six months. Because the consequences are so different, the exact reading and how the test was carried out genuinely matter — and that's worth getting checked before you simply plead guilty by post. Free help is available locally; use it before your first court date.
If you can't afford a private lawyer, these New Zealand and Nelson-region services can help you understand the charge, get representation, or apply for legal aid. Legal Hotline is not a law firm and does not provide these services — we point you to them and give general information, not legal advice.
What is the legal alcohol limit for driving in Nelson?
The limits are nationwide, not specific to Nelson. For adults (20 and over) it's 250 micrograms of alcohol per litre of breath, or 50 milligrams per 100ml of blood. Above 400 micrograms breath or 80 milligrams blood it becomes a criminal charge. For drivers under 20 the limit is zero — any alcohol is an offence. These come from section 56 of the Land Transport Act 1998.
Will I get a criminal record for drink-driving in Nelson?
It depends on your reading. If you were between 250 and 400 micrograms of breath alcohol (or 50–80mg blood), it's an infringement — a $200 fine and demerit points, with no criminal record. Over 400 micrograms breath or 80mg blood is a criminal charge heard at the Nelson District Court, and a conviction stays on your record. The line is sharp, which is why the exact reading matters.
Which court will hear my drink-driving charge?
Criminal drink-driving charges in the Nelson and Tasman region are heard at the Nelson (Whakatū) District Court, 200 Bridge Street, Nelson. The most serious matters and jury trials go to the High Court, which sits in the same Bridge Street complex. Your summons will tell you the date you must appear.
What happens if I refuse the breath or blood test?
Refusing or failing to give a blood specimen, or failing a compulsory impairment test, is a separate offence under sections 59–60 of the Land Transport Act 1998. The penalties are the same as being over the limit — up to 3 months' imprisonment or a $4,500 fine and at least 6 months' disqualification on a first or second offence. Refusing does not help you.
What's the penalty for a first drink-driving conviction in New Zealand?
For a first criminal conviction (over 400 micrograms breath or 80mg blood), the maximum is 3 months' imprisonment or a $4,500 fine, plus mandatory disqualification for at least 6 months. Most first offenders are fined and disqualified rather than jailed, but every case depends on its facts and the court's view.
What is the 28-day licence suspension I was told about?
If your reading is very high or it's a repeat offence, Police can suspend your licence immediately for 28 days at the roadside, under the Land Transport Act. This is separate from, and in addition to, any disqualification the Nelson District Court later orders — it's not the whole penalty.
Can I get a limited or work licence after a drink-driving disqualification?
In some cases you can apply to the court for a limited licence that lets you drive for essential purposes such as work, after a stand-down period. Repeat or serious offenders may instead be required to use an alcohol interlock licence (sections 65AB–65AE) followed by a zero-alcohol licence. Eligibility is fact-specific — get advice from a lawyer or the Community Law Service.
I'm under 20 and had one drink — am I in trouble?
Yes, potentially. The limit for every driver under 20 is zero, so any alcohol in your breath or blood is an offence under section 57. Lower readings are dealt with by infringement, but higher ones can become criminal charges heard at the Nelson District Court. It's worth getting advice before you respond to the notice.
How much demerit-point damage does an infringement do?
A drink-driving infringement (250–400 micrograms breath / 50–80mg blood) adds 50 demerit points along with the $200 fine. If you reach 100 or more demerit points within any two-year period, you face a separate three-month licence suspension — so even an infringement can put your licence at risk.
Do I have to appear in court myself?
For a criminal charge you must respond to the summons, but a lawyer can often appear on your behalf at the Nelson District Court, especially for routine appearances. What you must not do is ignore the date — non-appearance is a further offence and can lead to a warrant. Free help is available locally if you can't afford a lawyer.
Where can I get free legal help in Nelson?
The Nelson Bays Community Law Service (0800 246 146, 63 Collingwood Street) offers free legal help for people who can't afford a lawyer, and the Citizens Advice Bureau Nelson Tasman (0800 367 222) can point you in the right direction. You may also qualify for government legal aid for a criminal charge. Reach out before your first court date.
We connect Nelson and Tasman drivers facing excess breath or blood alcohol charges with local lawyers who can advise on plea, disqualification, limited licences and alcohol interlock options at the Nelson District Court. If you're a New Zealand-licensed lawyer practising in the Nelson region who takes drink-driving and traffic matters, we'd like to send ready-to-consult clients your way. This is a referral path for vetted lawyers, separate from the free 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.
A drink-driving charge can feel overwhelming, but the law is the same across New Zealand and the path through the Nelson District Court is well-trodden. The most important step is understanding whether you're facing an infringement or a criminal charge, and getting advice before you respond. The Nelson Bays Community Law Service and the Citizens Advice Bureau Nelson Tasman both offer free help, and you may qualify for legal aid. This page is general legal information, not legal advice, and reading it creates no lawyer-client relationship — but it should help you take the right first step.
Free legal information. Not legal advice.