Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Offences and penalties

57A: Driving with blood that contains evidence of, or oral fluid that indicates, use of 1 qualifying drug

You could also call this:

“Driving with drugs in your blood or saliva”

If you drive or try to drive a car on a road, you can get in trouble if drugs are found in your blood or saliva. Here’s what you need to know:

You commit an offence if your blood shows you’ve used a drug from a special list and the amount is higher than what’s considered safe. You also commit an offence if your blood shows you’ve used a drug not on the list, but you failed a test that the police gave you to check if you were impaired.

You commit a less serious offence if your blood shows you’ve used one drug from the list, but the amount is at or below what’s considered safe. You also commit this less serious offence if your blood shows you’ve used one drug not on the list, but the police didn’t ask you to take the impairment test.

You can also get in trouble if you take two saliva tests that both show you’ve used the same drug, and you choose not to have a blood test afterwards.

Remember, the police can take your blood to test for drugs after you’ve been driving. They can also ask you to do saliva tests to check for drug use.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2507342.

Previous

57AA: Contravention of specified breath or blood alcohol limit by holder of alcohol interlock licence or zero alcohol licence, or

"Driving with any alcohol when you have a special no-alcohol licence is against the law"

Next

57B: Driving while blood contains evidence of, or oral fluid indicates, use of 2 or more qualifying drugs, or

"Driving is not allowed when you've taken two or more drugs that can affect your driving"

Part 6 Driving offences involving drink or drugs, and penalties and procedures
Offences and penalties

57ADriving with blood that contains evidence of, or oral fluid that indicates, use of 1 qualifying drug

  1. A person who drives or attempts to drive a motor vehicle on a road commits an offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, the person’s blood—

  2. contains evidence of use of a listed qualifying drug and the blood concentration level of the drug exceeds the high-risk level for the drug; or
    1. contains evidence of use of an unlisted qualifying drug and the blood specimen was taken after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F.

      1. A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, the person’s blood—

      2. contains evidence of use of 1 listed qualifying drug and the blood concentration level of the drug equals or is less than the high-risk level (if any) for the drug; or
        1. contains evidence of use of 1 unlisted qualifying drug and the person was not required to undergo a compulsory impairment test under section 71F before the blood specimen was taken.

          1. A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if—

          2. the results of a first oral fluid test and second oral fluid test subsequently undergone by the person are positive and indicate the use of the same qualifying drug; and
            1. the person does not elect to have a blood test in accordance with section 71D.

              Notes
              • Section 57A: replaced, on , by section 10 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).