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Land Transport Act 1998

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

58: Contravention of section 12

You could also call this:

“Driving while drunk or on drugs is against the law”

You commit an offence if you drive or try to drive a vehicle on a road while under the influence of alcohol or drugs to the point where you can’t properly control the vehicle.

If it’s your first or second time committing this offence, you could go to jail for up to 3 months or be fined up to $4,500. The court will also take away your driver licence for at least 6 months.

If it’s your third or more time committing this or similar offences, you could go to jail for up to 2 years or be fined up to $6,000. The court will take away your driver licence for more than 1 year.

Sometimes, the court might not take away your licence if they order other things instead, like an alcohol interlock device in your car.

The court can decide not to take away your licence if there are special reasons related to the offence.

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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=DLM434697.

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

58Contravention of section 12

  1. A person commits an offence if the person drives or attempts to drive a motor vehicle on a road while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle.

  2. Repealed

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

  4. 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 (2)(b) does not apply to an offence against subsection (1)(a) that is a qualifying offence if—

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

          1. If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (3)(b) does not apply and section 65AH(3)(b) applies.

          2. If a person is convicted of a third or subsequent offence against subsection (1) or any of sections 56(1), 56(2), 57A(1), 57B(1), 57C(1), 60(1), and 61(1) and (2) (whether or not that offence is of the same kind as the person's first or second offence against any of those provisions),—

          3. 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 (3)(b) does not apply to an offence against subsection (1)(a) that is a qualifying offence if—

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

                  1. If an offence against subsection (1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (3)(b) does not apply and section 65AH(3)(b) applies.

                  2. 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 (3) is to be treated as a conviction for an offence specified in that subsection.

                  3. 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 58(1): replaced, on , by section 11(1) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                  • Section 58(1A): repealed, on , by section 11(1) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                  • Section 58(2A): inserted, on , by section 19(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 58(2B): inserted, on , by section 19(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 58(3): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 58(3): amended, on , by section 11(2) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                  • Section 58(3A): replaced, on , by section 19(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 58(3B): inserted, on , by section 19(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 58(5): replaced, on , by section 19(3) of the Land Transport Amendment Act 2017 (2017 No 34).