An excess breath or blood alcohol charge in the Tasman region is dealt with under one nationwide law — the Land Transport Act 1998 — but it plays out locally, with your case listed at the Nelson District Court on Bridge Street that serves Nelson, Richmond and the wider Tasman district. If your reading was over the criminal threshold, the consequences can include disqualification, a fine, and for higher readings a mandatory alcohol interlock. You don't have to face this confused or alone. This page explains the New Zealand law in plain English and points you to free local help in Nelson and Tasman. This 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 Tasman.
Do this first: find your charging paperwork and note your court date and your reading. In New Zealand an adult is over the criminal limit at more than 400 micrograms of alcohol per litre of breath, or more than 80 milligrams per 100 millilitres of blood (Land Transport Act 1998, s56). A reading in that range is prosecuted in the District Court — for Tasman that means the Nelson District Court — and a conviction carries automatic disqualification of at least six months. If your reading was at or over 400mcg you were likely also given an immediate 28-day roadside licence suspension by police. Don't ignore your court date, and get advice before you plead. Free help is available from Nelson Bays Community Law and the local duty lawyer at court.
Here's what surprises many Tasman drivers: your licence trouble can start at the roadside, not in the courtroom. If you returned an evidential breath reading at or over 400 micrograms per litre — or refused the test — police can impose an immediate 28-day suspension on the spot under the Land Transport Act 1998, well before your first appearance at the Nelson District Court. That suspension runs regardless of how your court case eventually turns out, and a conviction later adds its own disqualification of six months or more on top. People often assume nothing happens until court and keep driving — which can lead to a far more serious driving-while-disqualified charge. Don't guess. Free, plain-English guidance is available from Nelson Bays Community Law and the duty lawyer at court so you understand exactly where your licence stands right now.
If you can't afford a private lawyer, these New Zealand services can help with a drink-driving charge in the Tasman region — from free advice to legal aid and the on-the-day duty lawyer at court. 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.
I've just been charged with drink-driving in Tasman — what's the first thing I should do?
Find your charging paperwork, note your court date and your reading, and don't drive if police gave you a 28-day roadside suspension. Then get free advice before you plead — Nelson Bays Community Law (0800 246 146) and the duty lawyer at the Nelson District Court can both help at no cost. Acting early, before your first appearance, gives you the most options.
Which court will my Tasman drink-driving case be heard in?
Drink-driving charges from the Tasman district — Richmond, Motueka, Tākaka, Wakefield, Murchison and surrounds — are listed at the Nelson District Court at 200 Bridge Street, Nelson, which serves the Nelson and Tasman areas. The most serious matters or any jury trial can be heard in the High Court at Nelson.
What is the legal alcohol limit for driving in New Zealand?
For an adult driver (20 and over), the criminal limit is more than 400 micrograms of alcohol per litre of breath, or more than 80 milligrams per 100 millilitres of blood, under section 56 of the Land Transport Act 1998. A lower reading of 251–400mcg breath (or 51–80mg blood) is an infringement dealt with by a fine and demerit points. Drivers under 20 have a zero-alcohol limit.
What's this 28-day suspension the police mentioned?
If your evidential breath reading was at or over 400 micrograms per litre — or you refused the test — police can impose an immediate 28-day licence suspension on the spot, before you ever go to court. It runs regardless of your court outcome, and driving during it can mean a separate, more serious charge. Get advice from Nelson Bays Community Law if you're unsure where your licence stands.
What happens if I refuse the breath or blood test?
Refusing or failing to give an evidential breath or blood specimen is itself an offence under sections 60 and 62 of the Land Transport Act 1998, and it's treated as seriously as returning a high reading — including disqualification and the possibility of an interlock sentence. It is generally not a way to avoid consequences.
Will I lose my licence for a first drink-driving offence?
If you're convicted of being over the criminal limit, disqualification of at least six months is mandatory on a first conviction, on top of any fine. The exact period and any interlock requirement depend on your reading and history. The duty lawyer at the Nelson District Court can explain what's likely in your case — for free.
What is an alcohol interlock and when is it required?
An alcohol interlock is a device fitted to your car that stops it starting if it detects alcohol. Since 1 July 2018 an interlock sentence is mandatory if your reading was at or over 800 micrograms of breath (160mg blood), or you have a drink-driving conviction within the previous five years. You must spend at least 12 months on the programme before applying to exit, and a subsidy exists for lower-income drivers.
Does a drink-driving conviction from years ago still matter?
Yes. A prior drink-driving conviction within the past five years makes an alcohol interlock sentence mandatory and can lift your new charge into more serious territory, and a third or subsequent conviction carries up to two years' imprisonment or a $6,000 fine and disqualification of more than a year. The date of any prior conviction is worth checking carefully.
Can I get free or low-cost legal help in Nelson or Tasman?
Yes. Nelson Bays Community Law gives free advice (0800 246 146), the duty lawyer at the Nelson District Court helps people without a lawyer on the day, and you may qualify for criminal legal aid through the Ministry of Justice — apply as soon as you're charged. The Citizens Advice Bureau can also point you in the right direction.
I'm not a New Zealand citizen — can I still get legal aid?
Yes. You do not have to be a New Zealand citizen or a permanent resident to qualify for criminal legal aid; eligibility turns on your income, assets and the seriousness of the charge. Apply through the Ministry of Justice as soon as you are charged, and take your court summons with you.
How much does it cost to get information from Legal Hotline?
Getting general information is free, and we never charge for pointing you to the right local service. We are not a law firm and don't provide legal advice or representation — for that, contact Nelson Bays Community Law, the duty lawyer at the Nelson District Court, or a Nelson or Tasman lawyer. Our free New Zealand phone line is live now on 0800 461 100, any hour.
We help worried drivers across the Nelson and Tasman region understand a drink-driving charge and find the right local help before their day at the Nelson District Court. If you're a New Zealand lawyer who handles drink-driving and criminal matters in the Nelson–Tasman area — including legal aid work — we'd like to send ready-to-consult clients your way. 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.
A drink-driving charge can feel overwhelming — a court date at the Nelson District Court, an immediate 28-day roadside suspension, and questions about your licence, a possible fine, disqualification, or an interlock. You don't have to work it out alone. Start with free, plain-English information and the local services this page links to — Nelson Bays Community Law, the Citizens Advice Bureau, and the duty lawyer at court — so you understand your position before you plead. This is general legal information, not legal advice, and creates no lawyer-client relationship. Our free New Zealand phone line is live now on 0800 461 100; use the free help above and get advice early.
Free legal information. Not legal advice.