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Land Transport Act 1998

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

60: Failure or refusal to permit blood specimen to be taken or to undergo compulsory impairment test

You could also call this:

“Refusing to give a blood sample or take a driving test when asked by police”

You commit an offence if you:

  • Don’t allow a blood sample to be taken when an enforcement officer tells you to.
  • Don’t allow a blood sample to be taken when a health practitioner or medical officer asks you to.
  • Don’t let a health practitioner or medical officer take a blood sample when they’re allowed to.
  • Don’t take a compulsory impairment test when asked.

If it’s your first or second time doing this:

  • You might go to jail for up to 3 months or pay a fine of up to $4,500.
  • You’ll lose your driver licence for at least 6 months.

If it’s your third time or more:

  • You might go to jail for up to 2 years or pay a fine of up to $6,000.
  • You’ll lose your driver licence for more than 1 year.

Sometimes, you might not lose your licence if the court decides on a different punishment.

If you couldn’t give blood before because you were too sick or hurt, and you can’t give blood again, people will think you’re refusing unless you can prove otherwise.

The court might not take away your licence if there are special reasons related to what you did wrong.

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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=DLM434802.

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59: Failure or refusal to remain at specified place or to accompany enforcement officer, or

"Not following police instructions for tests or staying put"

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61: Person in charge of motor vehicle causing injury or death, or

"Driving dangerously and hurting or killing someone is against the law"

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

60Failure or refusal to permit blood specimen to be taken or to undergo compulsory impairment test

  1. A person commits an offence if the person—

  2. fails or refuses to permit a blood specimen to be taken after having been required to do so under section 72 by an enforcement officer; or
    1. fails or refuses to permit a blood specimen to be taken without delay after having been requested to do so under section 72 by a health practitioner or medical officer; or
      1. is a person from whom a health practitioner or medical officer may take a blood specimen under section 73 and refuses or fails to permit such a person to take a blood specimen; or
        1. fails or refuses to undergo a compulsory impairment test under section 71F.

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

          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 (2)(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 any of sections 56(1), 56(2), 57A(1), 57B(1), 57C(1), 58(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),—

                  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 (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. Subsection (3C) applies to a person who—

                          2. is required to permit a blood specimen to be taken under section 72(1)(a), (b), or (e); and
                            1. when required, on a previous occasion, to permit a blood specimen to be taken under section 72(1)(a), (b), or (e), was medically or physically unable to provide a blood specimen.

                              1. A person described in subsection (3B) who is medically or physically unable to provide a blood specimen is presumed, in the absence of proof to the contrary, to have refused to permit a blood specimen to be taken.

                              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 60 heading: amended, on , by section 10(1) of the Land Transport Amendment Act 2009 (2009 No 17).
                              • Section 60(1)(b): amended, on , by section 7(1) of the Land Transport Amendment Act 2016 (2016 No 77).
                              • Section 60(1)(b): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                              • Section 60(1)(c): amended, on , by section 7(2) of the Land Transport Amendment Act 2016 (2016 No 77).
                              • Section 60(1)(c): amended, on , by section 10(2) of the Land Transport Amendment Act 2009 (2009 No 17).
                              • Section 60(1)(c): amended, on , by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).
                              • Section 60(1)(d): added, on , by section 10(2) of the Land Transport Amendment Act 2009 (2009 No 17).
                              • Section 60(1)(d): amended, on , by section 13(1) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                              • Section 60(2A): inserted, on , by section 20(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                              • Section 60(3): replaced, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                              • Section 60(3): amended, on , by section 13(2) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                              • Section 60(3A): replaced, on , by section 20(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                              • Section 60(3B): inserted, on , by section 6 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
                              • Section 60(3C): inserted, on , by section 6 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
                              • Section 60(5): replaced, on , by section 20(3) of the Land Transport Amendment Act 2017 (2017 No 34).