An excess-breath-or-blood-alcohol charge in Wellington is dealt with under one nationwide law — the Land Transport Act 1998 — and your case will be heard at the Wellington District Court (Te Whanganui-a-Tara) on Ballance Street. The same limits and penalties apply everywhere in New Zealand; what changes locally is the courthouse you attend and the free services near you. This page explains, in plain language, the limits, what a first or repeat charge can mean, the disqualification and alcohol-interlock rules, and where Wellingtonians can get free, confidential help. This is general legal information for New Zealand, not legal advice, and no lawyer-client relationship is created by reading it.
Free legal information. Not legal advice. Available 24/7 across Wellington.
If the police have charged you, the first things to know are: the adult criminal limit is over 400 micrograms of alcohol per litre of breath or over 80 milligrams per 100 millilitres of blood (Land Transport Act 1998, s56); a conviction carries a minimum six-month disqualification from driving; and if your reading was very high — over 650 micrograms of breath alcohol or over 130 milligrams of blood alcohol — the police can suspend your licence at the roadside for 28 days immediately, before you ever see a court. Your case will be called at the Wellington District Court, 43–49 Ballance Street. Do not just plead guilty by post without understanding the consequences — a conviction stays on your record and can affect work, travel and insurance. Free help is available from Community Law and the Citizens Advice Bureau (listed below), and you can ask the New Zealand Law Society to refer you to a lawyer.
Here is what surprises many Wellington drivers: if your breath reading was over 650 micrograms (or blood over 130 milligrams), the police don't wait for a court. They suspend your licence at the roadside for 28 days on the spot, separately from any sentence the court later imposes. The same instant suspension applies at the ordinary adult limit if you already have a relevant drink-driving conviction. That means you can be off the road immediately, weeks before your first appearance at the Wellington District Court — and that 28-day period is in addition to any disqualification the court orders if you're convicted. Understanding where your reading sits, and whether a defence or a limited licence is possible, matters from day one. Free guidance is available from Community Law and the Citizens Advice Bureau listed below.
If you can't afford a private lawyer, these New Zealand services can help with information, free advice, or funding. They are independent of Legal Hotline — we point you to them and give general information, not legal advice, and we are not a law firm.
What is the legal alcohol limit for driving in Wellington?
It's the same nationwide limit set by the Land Transport Act 1998. For adults (20 and over), a breath-alcohol reading between 250 and 400 micrograms is an infringement, and over 400 micrograms — or over 80 milligrams of blood alcohol — is a criminal offence under section 56. For drivers under 20 the limit is zero. Wellington applies these national figures; only the court and local services differ.
Which court will my Wellington drink-driving case go to?
Adult drink-driving charges for the Wellington area are filed and first called at the Wellington District Court (Te Whanganui-a-Tara), 43–49 Ballance Street, Wellington. The most serious matters or appeals can go to the High Court at Wellington. You can confirm your date and venue with the court on 0800 268 787.
What's the penalty for a first drink-driving offence in New Zealand?
For a first or second offence over the adult criminal limit (over 400 micrograms breath / 80 milligrams blood), the maximum is up to 3 months' imprisonment or a fine of up to $4,500, plus a mandatory minimum disqualification of 6 months. A $50 offender levy and court costs also apply. Your reading and circumstances affect where you land in that range.
What is the 28-day roadside licence suspension?
If your evidential breath reading is over 650 micrograms (or blood over 130 milligrams) — or over the adult limit when you have a relevant prior conviction — the police suspend your licence at the roadside for 28 days straight away, before any court hearing. This is separate from, and in addition to, any disqualification the court later imposes if you're convicted.
Can I keep driving after being charged in Wellington?
Possibly, but not automatically. If you receive a 28-day roadside suspension you cannot drive during that period. If you are later disqualified, the court may in some cases grant a limited licence allowing essential driving (for example, for work) — but you must apply for it. Driving while suspended or disqualified is a serious separate offence.
What is the alcohol interlock and when is it mandatory?
An alcohol interlock is a device fitted to your car that stops it starting if it detects alcohol. The court must impose an interlock sentence for a high reading (over 800 micrograms breath / 160 milligrams blood) or a qualifying repeat offence. The pathway is a stand-down disqualification, then an interlock licence for at least 12 months, then a zero-alcohol licence for 3 years.
I refused the breath or blood test — is that better than being over the limit?
Generally no. Refusing or failing to give an evidential breath or blood test is a separate offence under the Land Transport Act, and the penalties are similar to — and often heavier than — being over the limit, including disqualification. It is rarely a way to avoid consequences. Get advice before assuming refusal helps.
Does a 250–400 microgram reading give me a criminal record?
No. For adults, a reading between 250 and 400 micrograms of breath alcohol (or 50–80 milligrams of blood alcohol) is an infringement, not a criminal charge. It means a $200 infringement fee and 50 demerit points — no court appearance and no conviction. Only readings over 400 micrograms (or 80 milligrams) are dealt with as a criminal offence.
How is a repeat drink-driving offence treated?
Much more seriously. A third or subsequent offence can bring up to 2 years' imprisonment or a fine of up to $6,000 and a minimum disqualification of at least one year, with the mandatory alcohol-interlock pathway applying. Repeat offending within five years escalates the penalties significantly.
Where can I get free help with a drink-driving charge in Wellington?
Community Law Wellington and Hutt Valley ((04) 499 2928) and the Citizens Advice Bureau ((04) 472 2466 or 0800 367 222) offer free information and guidance. You may also qualify for Legal Aid through the Ministry of Justice, or the New Zealand Law Society can refer you to a lawyer. Links to all of these are listed above.
Will this Legal Hotline service call me back?
Not yet in New Zealand. This page is general legal information only — there is no New Zealand phone line live at the moment. For help right now, use the free Wellington services listed above (Community Law, the Citizens Advice Bureau, Legal Aid, or the New Zealand Law Society). Nothing here is legal advice or creates a lawyer-client relationship.
We help worried New Zealand drivers understand a drink-driving charge and find the right local help. As our New Zealand service develops, we'd like to connect Wellington-based lawyers who handle traffic and criminal matters — including excess-breath-alcohol charges, limited-licence applications and alcohol-interlock cases — with people who need representation. If you're a New Zealand-qualified lawyer practising in the Wellington region and want to receive referrals, get in touch 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 is stressful, but you don't have to navigate it blind. The law is the same across New Zealand, your case will be heard at the Wellington District Court on Ballance Street, and free help is close by through Community Law and the Citizens Advice Bureau. Understand your reading, the disqualification and interlock rules, and whether a defence or limited licence is realistic before you make any decision in court. This page is general legal information for New Zealand, not legal advice, and creates no lawyer-client relationship — use the free Wellington services listed above to get help today.
Free legal information. Not legal advice.