Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

Primary responsibilities of participants in land transport system - Responsibilities concerning use of alcohol or drugs

11: Drivers not to exceed specified alcohol limits

You could also call this:

“Don't drive if you've had too much alcohol”

You are not allowed to drive or try to drive a car if:

You are an adult and a breath test shows you have more than 250 micrograms of alcohol per litre of breath.

You are an adult and a blood test shows you have more than 50 milligrams of alcohol per 100 millilitres of blood.

You are under 20 years old and a breath or blood test shows any alcohol at all.

You have a special licence called an alcohol interlock licence or a zero alcohol licence, and a breath or blood test shows any alcohol at all.

The police can do these tests after they stop you. If you break these rules, you can get in trouble with the law.

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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=DLM434521.

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10: Road users and others to comply with ordinary rules and emergency rules, or

"Everyone must follow the road rules to keep everyone safe"

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11A: Persons not to drive or attempt to drive while blood contains evidence of, or oral fluid indicates, use of qualifying drug, or

"Don't drive if you have certain drugs in your body"

Part 2 Primary responsibilities of participants in land transport system
Responsibilities concerning use of alcohol or drugs

11Drivers not to exceed specified alcohol limits

  1. A person may not drive or attempt to drive a motor vehicle while—

  2. the proportion of alcohol in the person's breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, exceeds 250 micrograms of alcohol per litre of breath; or
    1. the proportion of alcohol in the person's blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or section 73, exceeds 50 milligrams of alcohol per 100 millilitres of blood; or
      1. if the person is younger than 20,—
        1. the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, contains alcohol; or
          1. the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, contains alcohol; or
          2. if the person holds an alcohol interlock licence or a zero alcohol licence,—
            1. the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, contains alcohol; or
              1. the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, contains alcohol.

              Compare
              Notes
              • Section 11: amended, on , by section 9 of the Land Transport Amendment Act 2005 (2005 No 77).
              • Section 11(a): amended, on , by section 4(1) of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
              • Section 11(b): amended, on , by section 4(2) of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
              • Section 11(c): substituted, on , by section 6(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
              • Section 11(d): inserted, on , by section 6(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).