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

I've been charged with drink-driving in Southland — what's the first thing I should do?

Find two pieces of information on the paperwork the police gave you: your alcohol reading and your court date. The reading tells you how serious the charge is, and the date tells you when you must appear at the Invercargill (Waihōpai) District Court. Then get advice before you plead — Community Law Southland in Invercargill is free, and a duty lawyer is available at court on the day. Free, plain-English information is also available now on 0800 461 100, any hour.

What is the legal alcohol limit for driving in New Zealand?

For a driver aged 20 or over, the criminal offence under section 56 of the Land Transport Act 1998 starts at more than 400 micrograms of alcohol per litre of breath, or more than 80 milligrams per 100 millilitres of blood. A reading of 250–400 micrograms of breath alcohol is usually an infringement (a $200 fee and demerit points) rather than a criminal charge. For drivers under 20 there is a zero-alcohol limit. The same limits apply everywhere in New Zealand, including Southland.

Where will my drink-driving case be heard in Southland?

At the Invercargill District Court — known by its Māori name Waihōpai District Court — at 35 Don Street, Invercargill. New Zealand has one nationwide law, so the law is the same as anywhere else in the country; what is "local" is the court and the support around you. Appearing on your court date is compulsory.

The police took my licence at the roadside — what is that?

That is an automatic 28-day roadside suspension. It applies if you have no relevant convictions in the past four years and blew over 650 micrograms of breath alcohol, or you have a relevant conviction in the last four years and blew over 400, or you refused a blood test. It starts immediately and runs separately from whatever the court decides — so you can serve the 28 days and still be disqualified again on conviction. You cannot drive during it.

What is the penalty for a first drink-driving offence in New Zealand?

For a first or second offence over the criminal limit, the maximum is three months' imprisonment (rarely imposed) or a fine of up to $4,500, and the court must disqualify you from driving for at least six months. The fine often roughly tracks your reading. Your exact outcome depends on your facts, so get advice before you plead.

What happens if this isn't my first drink-driving charge?

A third or subsequent offence is much more serious: up to two years' imprisonment or a fine of up to $6,000, and a minimum disqualification of at least one year. A mandatory alcohol interlock sentence commonly applies — a short disqualification, then at least 12 months driving only a vehicle fitted with an interlock device, then a three-year zero-alcohol licence. A relevant conviction in the last four years also matters for the roadside suspension.

What is an alcohol interlock licence?

An alcohol interlock is a device fitted to your vehicle that stops the car starting if it detects alcohol on your breath. Since 1 July 2018, an interlock sentence is mandatory for many repeat offenders and for first offenders with a very high reading or who refuse testing. After a minimum 28-day disqualification you drive only an interlock-fitted vehicle for at least 12 months, then hold a zero-alcohol licence for three years. NZ Transport Agency Waka Kotahi administers the programme.

I refused the breath or blood test — does that help me?

No. Failing or refusing to give a blood specimen is itself an offence, triggers the automatic 28-day roadside suspension, and is treated as seriously as a high reading — it can also lead to a mandatory interlock sentence. Refusing rarely helps and usually makes things worse. Get advice quickly about where a refusal leaves you.

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

Yes. Community Law Southland in Invercargill (Floor 2, Cue Building, 33 Don Street; phone 03 214 3180) gives free legal advice. A duty lawyer is available free at the District Court to help eligible people on the day. You may also qualify for criminal legal aid — apply as soon as you are charged, not on your court date.

Can I keep driving while my case is going through court?

Only if you are not under a roadside suspension or a disqualification. If the police suspended your licence for 28 days at the roadside, you must not drive during that period. If the court later disqualifies you, you must not drive during the disqualification either. Driving while suspended or disqualified is a separate, more serious offence — so check your status carefully and get advice.

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

This information service is free and will give you general, plain-English information about New Zealand drink-driving law to help you understand your situation — it is not legal advice and does not create a lawyer-client relationship. Community Law Southland and the court duty lawyer are also free for those who qualify. If you decide you want a private lawyer, we can help you find one in Southland.