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Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Enforcement procedures for offences involving use of qualifying drugs

71A: Who must undergo first oral fluid test

You could also call this:

“Who needs to take a drug test when driving a car”

You need to know about who has to take a first oral fluid test when it comes to driving and drugs. A police officer can ask you to do this test if:

You’re driving or trying to drive a car on the road.

The officer thinks you might have broken a driving law recently.

There’s been a car accident, and you were driving or might have been in the car.

The officer can ask you to do this test even if you’ve already done a breath test for alcohol. But if they’ve already asked you to do a different kind of test called a compulsory impairment test, they can’t make you do the oral fluid test.

You might have to stay where you are to do the test, or go with the officer to another place if that’s easier. If you go somewhere else and still can’t do the test there, the officer might take you to another place.

The officer must tell you some important things before the test:

If you say no to this test or a second oral fluid test, you’ll have to give a blood sample instead.

If your blood test shows alcohol or drugs, you might get a fine or be charged with a crime.

You might have to pay for the blood test and doctor’s costs if the test shows you’ve broken the law.

You have to go with the officer if they ask, stay where they take you, and wait for the test results. If you don’t do these things, the officer can arrest you without a warrant.

If you’re arrested, the officer can make you do the test where you’re being held.

If you’re in the hospital or a medical centre because of a car accident, the officer can’t make you do this test there.

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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=DLM2507824.

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Part 6 Driving offences involving drink or drugs, and penalties and procedures
Enforcement procedures for offences involving use of qualifying drugs

71AWho must undergo first oral fluid test

  1. An enforcement officer may require any of the following persons to undergo a first oral fluid test without delay:

  2. a driver of, or a person attempting to drive, a motor vehicle on a road:
    1. a person who the officer has good cause to suspect has recently committed an offence against this Act that involves the driving of a motor vehicle:
      1. if an accident has occurred involving a motor vehicle,—
        1. the driver of the vehicle at the time of the accident; or
          1. if the enforcement officer is unable to ascertain who the driver of the motor vehicle was at the time of the accident, a person who the officer has good cause to suspect was in the motor vehicle at the time of the accident.

          2. An enforcement officer—

          3. may require a person to undergo a first oral fluid test whether or not the person has already undergone a breath screening test under section 68 or an evidential breath test under section 69 and regardless of the result (or failure to produce a result) of any such oral fluid test or tests; but
            1. must not require a person to undergo a first oral fluid test if an enforcement officer has required the person to undergo a compulsory impairment test under section 71F(1).

              1. An enforcement officer may require the person—

              2. to remain in the place where stopped to undergo the first oral fluid test; or
                1. if it is not practicable for the person to undergo an oral fluid test at the place where stopped, to accompany an enforcement officer to a place where it is likely that the person can undergo a first oral fluid test.

                  1. If it is not practicable for a person to undergo a first oral fluid test at a place to which the person has accompanied an enforcement officer under subsection (3)(b), an enforcement officer may require the person to accompany the officer to any other place where it is likely that the person can undergo a first oral fluid test.

                  2. An enforcement officer who requires a person to undergo a first oral fluid test under this section must, without delay, advise the person that,—

                  3. if the person refuses to undergo a first oral fluid test under this section or a second oral fluid test under section 71B, the person will be required to permit the taking of a blood specimen under section 72(1)(e); and
                    1. if the result of a blood test indicates the presence of alcohol, 1 or more qualifying drugs, or both alcohol and 1 or more qualifying drugs, the person may be issued with an infringement notice or charged with an offence, depending on—
                      1. the proportion of any alcohol in the person’s blood; and
                        1. the blood concentration level and type of the qualifying drugs (if any) in the person’s blood; and
                        2. the person may be liable to pay a blood test fee and associated medical costs if the result of the blood test establishes that the person has committed an offence against section 57A(1), 57B(1), or 57C(1) or an infringement offence against section 57A(2), 57B(2), or 57C(2).

                          1. A person must—

                          2. accompany an enforcement officer to a place when required to do so under this section:
                            1. if the person has accompanied an enforcement officer to a place under this section, remain at that place until the person is required to undergo an oral fluid test under this section:
                              1. if the person has undergone an oral fluid test under this section, remain at the place where the person underwent the test until after the result of the test is ascertained.

                                1. An enforcement officer may arrest without warrant a person who contravenes subsection (6).

                                2. An enforcement officer may require a person who has been arrested under subsection (7) and taken to or detained at a place to undergo a first oral fluid test at that place.

                                3. An enforcement officer may not require a person who is in a hospital or medical centre as a result of an accident involving a motor vehicle to undergo an oral fluid test under this section.

                                Notes
                                • Section 71A: replaced, on , by section 21 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).