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Land Transport Act 1998

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

56: Contravention of specified breath or blood-alcohol limit

You could also call this:

“Breaking the rules about how much alcohol you can have when driving”

You can break the law if you drive or try to drive a car on the road with too much alcohol in your body. This is measured by how much alcohol is in your breath or blood.

If you have more than 400 micrograms of alcohol per litre of breath, you are breaking the law. If you have between 250 and 400 micrograms, you are committing a less serious offence.

For blood alcohol, if you have more than 80 milligrams of alcohol per 100 millilitres of blood, you are breaking the law. If you have between 50 and 80 milligrams, you are committing a less serious offence.

You can also get in trouble if you refuse to take a breath test and your blood test shows you had between 50 and 80 milligrams of alcohol per 100 millilitres of blood.

If you break these rules for the first or second time, you might go to jail for up to 3 months or pay a fine of up to $4,500. You will also lose your driver’s licence for at least 6 months.

If you break these rules three or more times, you might go to jail for up to 2 years or pay a fine of up to $6,000. You will lose your driver’s licence for more than a year.

Sometimes, the judge might not take away your licence if there are special reasons or if they order you to use an alcohol interlock device in your car instead.

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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=DLM434692.

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55A: Offences concerning alcohol interlock devices, or

"Rules about special devices that stop drunk driving"

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57: Contravention of specified breath or blood-alcohol limit by person younger than 20, or

"Young drivers under 20 can get in trouble for having alcohol while driving"

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

56Contravention of specified breath or blood-alcohol limit

  1. A person commits an offence if the person drives or attempts to drive a motor vehicle on a road while 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 400 micrograms of alcohol per litre of breath.

  2. A person commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while 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 but does not exceed 400 micrograms of alcohol per litre of breath.

  3. A person commits an offence if the person drives or attempts to drive a motor vehicle on a road while 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 80 milligrams of alcohol per 100 millilitres of blood.

  4. A person commits an infringement offence if the person drives or attempts to drive a motor vehicle on a road while 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(1)(b) to (e) or 73, exceeds 50 milligrams of alcohol per 100 millilitres of blood but does not exceed 80 milligrams of alcohol per 100 millilitres of blood.

  5. A person commits an infringement offence if—

  6. the person fails or refuses to undergo an evidential breath test after having been required to do so under section 69; and
    1. analysis of a blood specimen subsequently taken from the person under section 72(1)(a) indicates that the person drove or attempted to drive a motor vehicle on a road while the proportion of alcohol in the person's blood exceeded 50 milligrams of alcohol per 100 millilitres of blood but did not exceed 80 milligrams of alcohol per 100 millilitres of blood.

      1. If a person is convicted of a first or second offence against subsection (1) or subsection (2),—

      2. the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and
        1. the court must order the person to be disqualified from holding or obtaining a driver licence for 6 months or more.

          1. The mandatory disqualification in subsection (3)(b) does not apply if—

          2. an order is made under section 65; or
            1. an alcohol interlock sentence is ordered under section 65AC(1).

              1. If a person is convicted of a third or subsequent offence against subsection (1) or (2) or any of sections 57A(1), 57B(1), 57C(1), 58(1), 60(1), or 61(1) or (2) (whether or not that offence is of the same kind as the person's first or second offence against any of those provisions),—

              2. the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and
                1. the court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.

                  1. The mandatory disqualification in subsection (4)(b) does not apply if—

                  2. an order is made under section 65; or
                    1. an alcohol interlock sentence is ordered under section 65AC(1).

                      1. For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 corresponding to an offence specified in subsection (4) is to be treated as a conviction for an offence specified in that subsection.

                      2. The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).

                      Compare
                      Notes
                      • Section 56(1A): inserted, on , by section 5(1) of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
                      • Section 56(2A): inserted, on , by section 5(2) of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
                      • Section 56(2B): inserted, on , by section 5(2) of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
                      • Section 56(3A): inserted, on , by section 15(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                      • Section 56(4): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                      • Section 56(4): amended, on , by section 9 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                      • Section 56(4A): replaced, on , by section 15(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                      • Section 56(6): replaced, on , by section 15(3) of the Land Transport Amendment Act 2017 (2017 No 34).