A drink-driving charge in Northland is dealt with under one nationwide law — the Land Transport Act 1998 — and your case will be heard at the Whangārei District Court on Bank Street. If your breath-alcohol was over 400 micrograms, you're facing a criminal charge, not just a ticket, and a conviction carries a mandatory minimum six-month disqualification on a first offence. It can feel overwhelming, especially if police suspended your licence at the roadside. This page explains, in plain English, what the law actually says, what penalties realistically apply, and where in Northland you can get free help. This is general legal information, not legal advice, and reading it creates no lawyer-client relationship.
Free legal information. Not legal advice. Available 24/7 across Northland.
First, work out which side of the line you're on. In New Zealand the adult limit is 250 micrograms of alcohol per litre of breath, or 50 milligrams per 100 millilitres of blood. Between 250 and 400 micrograms (or 50–80mg blood) is an infringement — an on-the-spot $200 fine and 50 demerit points, no court, no conviction. Over 400 micrograms of breath (or 80mg of blood) is a criminal offence under section 56 of the Land Transport Act 1998, and you'll be summoned to the Whangārei District Court. If you're under 20 the limit is zero. If police handed you a 28-day roadside suspension notice, that started immediately and is separate from anything the court does later. Knowing which category you fall into is the first step to understanding what you're facing.
Here's what catches many Northland drivers off guard: your licence can be gone before you've spoken to a single lawyer or judge. Under New Zealand's roadside suspension rules, police can hand you a 28-day suspension notice on the spot — and it takes effect immediately — if you have a relevant conviction in the last four years and blow over 400 micrograms, or, even with a clean record, if your blood-alcohol comes back over 130 milligrams per 100ml. You cannot drive home; your licence is taken there and then. This suspension is completely separate from the penalty the Whangārei District Court may impose later, which means the court process and the early loss of your licence run on two different tracks. Understanding both is the first step to protecting yourself.
If you cannot afford a private lawyer, these Northland and nationwide services offer free or low-cost help with a drink-driving charge — from explaining your court date to checking whether you qualify 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 only.
I've been charged with drink-driving in Northland — which court will my case go to?
Drink-driving charges from anywhere in Northland are heard at the Whangārei District Court at 105–109 Bank Street, Whangārei. New Zealand has one nationwide law, so the offence and penalties are the same as everywhere else in the country — your local court is simply where the case is dealt with. Your summons will state your first appearance date, and attending is compulsory.
What is the legal alcohol limit for driving in New Zealand?
For drivers aged 20 and over, the limit is 250 micrograms of alcohol per litre of breath, or 50 milligrams per 100 millilitres of blood. Between 250 and 400 micrograms (or 50–80mg blood) is an infringement — a $200 fee and demerit points, no conviction. Over 400 micrograms of breath, or 80mg of blood, is a criminal offence prosecuted in court. Drivers under 20 have a zero limit.
Will I get a criminal conviction for a low reading?
Not if you're an adult in the 250–400 microgram breath band (or 50–80mg blood). That is an infringement offence only — you'll get a $200 infringement fee and 50 demerit points, with no court appearance and no conviction. It's only when you go over 400 micrograms of breath (or 80mg of blood) that it becomes a criminal charge under section 56 of the Land Transport Act 1998.
What's the penalty for a first drink-driving offence in NZ?
For an adult first offence over the limit, the maximum is 3 months' imprisonment or a fine up to $4,500, plus a mandatory minimum 6-month disqualification. In practice many first offenders receive a fine rather than jail, and the fine often roughly matches the breath reading — around $1 per microgram. The disqualification, though, is mandatory and the court cannot simply waive it.
Police suspended my licence at the roadside — is that the same as the court penalty?
No. The 28-day roadside suspension is a separate, immediate police action that takes effect on the spot, before your case reaches the Whangārei District Court. It applies if you have a relevant conviction in the last four years and blow over 400 micrograms, or even with a clean record if your blood-alcohol is over 130mg per 100ml. The court can still impose disqualification on top once your case is heard.
I'm under 20 — what limit applies to me?
A zero-alcohol limit applies to all drivers under 20, so any detectable alcohol while driving is an offence. A low reading is an infringement, but higher readings become criminal offences with disqualification, and at the top end carry the same exposure to imprisonment and fines as adults. It is genuinely a "don't drink anything and drive" rule for young drivers.
What is an alcohol interlock licence and might I need one?
An alcohol interlock is a device fitted to your car that stops the engine starting if it detects alcohol on your breath. The Whangārei District Court must, in most cases, impose an interlock sentence if you've had two drink-driving offences within five years, or a single very high reading (over 800mcg breath or 160mg blood). It usually means a short disqualification, at least 12 months on an interlock licence, then a 3-year zero-alcohol licence — and the costs often exceed $2,500.
Can I get free legal help with a drink-driving charge in Northland?
Yes. Taitokerau Community Law offers free, confidential advice across Northland (with offices in Whangārei and Kaikohe and outreach in Kaitāia, Dargaville and elsewhere), the Citizens Advice Bureau in Whangārei runs a free monthly legal clinic, and you may qualify for government legal aid to help pay for a lawyer. These are all genuinely free or means-tested services.
Do I have to go to court, or can I just pay a fine?
If you're charged with the criminal offence (over 400mcg breath or 80mg blood), you must attend the Whangārei District Court — you cannot simply pay it off like a ticket, and failing to appear is a separate offence that can lead to a warrant for your arrest. Only the lower infringement band (250–400mcg) is dealt with by a fixed fee without a court appearance.
Does a drink-driving charge affect my ACC or insurance?
New Zealand's accident compensation scheme (ACC) is a separate system that covers personal injury and does not stop a drink-driving prosecution. Your private vehicle insurance, however, may decline a claim if you were over the limit — that's a matter for your policy terms, separate from the criminal case. It's worth checking your policy and getting advice if an accident was involved.
How much does it cost to use this service?
The information service here is free to use and gives you general, plain-English information about drink-driving in Northland — not legal advice, and creating no lawyer-client relationship. Call 0800 461 100, any hour. The free Northland services listed on this page (Community Law, the Citizens Advice Bureau and legal aid) can also help with your case.
We connect Northland drivers facing drink-driving charges at the Whangārei District Court with local lawyers who handle traffic and criminal matters. If you're a New Zealand-qualified lawyer practising in Northland who takes on drink-driving cases — first offences, repeat charges, interlock applications and disqualification arguments — we'd like to send ready-to-consult clients your way. This referral path for qualified lawyers is now live, separate from the free public information above. Reach out to learn more.
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 in Northland is stressful, but you don't have to face it without understanding what's happening. Your case will be heard at the Whangārei District Court under New Zealand's nationwide Land Transport Act 1998, and the difference between an infringement and a criminal charge — and between a first offence and a repeat — shapes everything that follows. This free service is live now on 0800 461 100, giving you clear, calm information about the limits, the penalties, the 28-day suspension and where to get free local help. It's general legal information, not legal advice, and creates no lawyer-client relationship. Taitokerau Community Law and the Citizens Advice Bureau in Whangārei are also there to help.
Free legal information. Not legal advice.