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Drink driving laws: Limits for under-20s vs. over-20s

Key Takeaway

New Zealand drink driving laws differentiate limits based on age. Drivers under 20 face a zero alcohol limit, meaning any detectable alcohol is an offence. Drivers aged 20 and over have specific breath and blood alcohol limits. Penalties vary by age, alcohol level, and offence history, including fines, disqualification, and potentially imprisonment.

Drink Driving Laws in New Zealand: Under-20s vs. Over-20s

New Zealand law sets different legal alcohol limits for drivers depending on their age. These limits are measured by breath alcohol concentration (BAC) or blood alcohol concentration (BAC).

Legal Alcohol Limits

Drivers Aged 20 and Over

For drivers aged 20 years or over, the legal alcohol limits are:

  • Breath Alcohol Concentration (BAC): 250 micrograms of alcohol per litre of breath [Source: Land Transport (Breath Alcohol Limits) Rule 2022, Rule 4(1)(a)]. Breath alcohol concentration (BAC) refers to the amount of alcohol present in a person's breath.
  • Blood Alcohol Concentration (BAC): 50 milligrams of alcohol per 100 millilitres of blood [Source: Land Transport (Blood Alcohol Limits) Regulations 2022, Regulation 4(1)(a)]. Blood alcohol concentration (BAC) refers to the amount of alcohol present in a person's blood.

Driving with a breath alcohol concentration between 251 and 400 micrograms, or a blood alcohol concentration between 51 and 80 milligrams, is an infringement offence, which may result in a fine and demerit points [Source: Land Transport Act 1998, s 56(1), (2), s 65(1)]. Driving with a breath alcohol concentration exceeding 400 micrograms or a blood alcohol concentration exceeding 80 milligrams is a criminal offence [Source: Land Transport Act 1998, s 56(1), (2)].

Drivers Under 20 Years Old

For drivers under 20 years old, a zero alcohol limit applies. This means it is an offence to drive if there is any detectable alcohol in their breath or blood [Source: Land Transport Act 1998, s 56(1A)]. Specifically, the limits are:

  • Breath Alcohol Concentration (BAC): 0 micrograms of alcohol per litre of breath [Source: Land Transport Act 1998, s 56(1A)(a)].
  • Blood Alcohol Concentration (BAC): 0 milligrams of alcohol per 100 millilitres of blood [Source: Land Transport Act 1998, s 56(1A)(b)].

If a driver under 20 has any alcohol in their system, they may face specific penalties for exceeding the zero limit [Source: Land Transport Act 1998, s 65(1AA), s 65(1AB)]. If their alcohol concentration exceeds the limits applicable to drivers aged 20 and over, they are subject to the same criminal penalties as older drivers [Source: Land Transport Act 1998, s 56(1A), s 65].

Police Powers and Testing Procedures

Police officers have the authority to stop drivers and require them to undergo a breath screening test [Source: Land Transport Act 1998, s 69(1)]. A breath screening test is an initial test using a handheld device to detect the presence of alcohol.

If a driver fails a breath screening test, or if the officer has good cause to suspect alcohol consumption, the driver may be required to undergo an evidential breath test [Source: Land Transport Act 1998, s 69(2), s 70(1)]. An evidential breath test is a more precise test used to determine the exact breath alcohol concentration for legal purposes.

Blood Tests

If a driver fails or refuses an evidential breath test, or if one is not practicable, a police officer may require them to undergo a blood test [Source: Land Transport Act 1998, s 72(1)]. Refusing to permit a blood specimen without reasonable cause is an offence [Source: Land Transport Act 1998, s 57(1)].

Penalties for Drink Driving Offences

The penalties for drink driving vary depending on the level of alcohol detected, the driver's age, and whether it is a first or repeat offence.

Penalties for Drivers Aged 20 and Over

  • Infringement Offence (BAC between 251-400 mcg/L breath or 51-80 mg/100ml blood): May incur an infringement fee of $200 and 50 demerit points [Source: Land Transport Act 1998, s 65(1)(a)(i), s 56(2)].
  • Criminal Offence (BAC over 400 mcg/L breath or 80 mg/100ml blood):
    • First or Second Offence: May lead to a fine not exceeding $4,500, imprisonment for a term not exceeding 3 months, and disqualification from driving for 6 months or more [Source: Land Transport Act 1998, s 65(1)(a)(ii), s 65(1)(a)(iii), s 65(1)(a)(iv)].
    • Third or Subsequent Offence: May lead to a fine not exceeding $6,000, imprisonment for a term not exceeding 2 years, and disqualification from driving for 1 year or more [Source: Land Transport Act 1998, s 65(1)(b)(i), s 65(1)(b)(ii), s 65(1)(b)(iii)].

Penalties for Drivers Under 20 Years Old

  • Any Detectable Alcohol (BAC above 0 but below 401 mcg/L breath or 81 mg/100ml blood): May incur an infringement fee of $200 and 50 demerit points [Source: Land Transport Act 1998, s 56(1A), s 65(1AA)(a)]. The driver will also be disqualified from driving for 3 months [Source: Land Transport Act 1998, s 65(1AB)].
  • Exceeding Adult Criminal Limits (over 400 mcg/L breath or 80 mg/100ml blood): Drivers under 20 are subject to the same criminal penalties as drivers aged 20 and over, as listed above [Source: Land Transport Act 1998, s 56(1A), s 65].

Other Consequences

  • Refusal to Supply Blood Specimen: May lead to a fine not exceeding $4,500, imprisonment for a term not exceeding 3 months, and disqualification from driving for 6 months or more for a first or second offence [Source: Land Transport Act 1998, s 65(1)(c)].
  • Ignition Interlock Devices: For repeat or serious drink-driving offences, a court may order an ignition interlock device to be fitted to the offender's vehicle. An ignition interlock device is a breath alcohol testing device installed in a vehicle that prevents it from starting if alcohol is detected on the driver's breath [Source: Land Transport Act 1998, s 65AC].
  • Zero Alcohol Licence: After a period with an ignition interlock device, an offender may be required to hold a zero alcohol licence for three years. A zero alcohol licence mandates that the holder must maintain a zero alcohol limit while driving [Source: Land Transport Act 1998, s 65AD].

Obligations of Drivers

All drivers have an obligation to comply with police directions regarding breath and blood alcohol testing [Source: Land Transport Act 1998, s 69, s 70, s 72]. Failure to comply can result in separate charges and penalties [Source: Land Transport Act 1998, s 57]. Drivers also have an obligation to ensure they do not drive while exceeding the legal alcohol limits applicable to their age group.

When to Seek Independent Legal Advice

Individuals facing charges for drink driving offences or those who have questions about specific police procedures related to breath or blood testing are encouraged to seek independent legal advice. This information is general in nature and does not replace tailored legal guidance. Assistance may be available from a lawyer or through organisations such as Community Law Centres.

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