Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

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

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

You could also call this:

“Driving dangerously and hurting or killing someone is against the law”

You can commit an offence if you’re in charge of a motor vehicle and cause injury or death to someone. This can happen if:

You have too much alcohol in your breath or blood. The limits are 400 micrograms of alcohol per litre of breath or 80 milligrams of alcohol per 100 millilitres of blood.

You’re under the influence of drink or drugs to the point where you can’t control the vehicle properly.

You have a certain amount of drugs in your blood. This includes drugs that are on a list, or drugs that aren’t on the list but you failed a test when asked by a trained officer.

If you’re found guilty of causing injury, you could go to prison for up to 5 years or be fined up to $20,000. If you cause death, you could go to prison for up to 10 years or be fined up to $20,000.

The court will also stop you from driving for at least 1 year. If you’ve done this sort of thing before, you might lose your licence for even longer.

There are some special rules about how long you lose your licence for, especially if you have to use an alcohol interlock device in your car.

The court can decide not to stop you from driving if there are special reasons related to the offence.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM434807.

Previous

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

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

Next

62: Causing injury or death in circumstances to which section 61 does not apply, or

"Hurting someone while driving under the influence of alcohol or drugs"

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

61Person in charge of motor vehicle causing injury or death

  1. A person commits an offence if the person is in charge of a motor vehicle and causes bodily injury to or the death of a person while—

  2. the proportion of alcohol in the breath of the person in charge, as ascertained by an evidential breath test subsequently undergone by that person under section 69, exceeds 400 micrograms of alcohol per litre of breath; or
    1. the proportion of alcohol in the blood of the person in charge, as ascertained from an analysis of a blood specimen subsequently taken from that person under section 72 or section 73, exceeds 80 milligrams of alcohol per 100 millilitres of blood.

      1. A person commits an offence if the person is in charge of a motor vehicle and causes bodily injury to, or the death of, a person—

      2. 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; or
        1. if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, the blood of the person in charge—
          1. contains evidence of use of a listed qualifying drug and the blood concentration level of the drug exceeds the high-risk level for the drug; or
            1. contains evidence of use of an unlisted qualifying drug and the blood specimen was taken after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F.

              1. To avoid doubt, subsection (2)(b) does not limit subsection (2)(a).

              2. If a person is convicted of an offence against subsection (1) or (2) that causes bodily injury to another person,—

              3. the maximum penalty is imprisonment for a term not exceeding 5 years or a fine not exceeding $20,000; and
                1. the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more in the case of a first or second offence against this section or section 56(1) or (2), or section 58(1), or section 60(1).

                  1. If a person is convicted of an offence against subsection (1) or (2) that causes the death of another person,—

                  2. the maximum penalty is imprisonment for a term not exceeding 10 years or a fine not exceeding $20,000; and
                    1. the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more in the case of a first or second offence against this section or section 56(1) or (2), 58(1), or 60(1).

                      1. If a person is convicted of a third or subsequent offence against this section any of sections 56(1), 56(2), 57A(1), 57B(1), 57C(1), 58(1), and 60(1) (whether or not that offence is of the same kind as the person's first or second offence against any of those provisions), the court must order the person to be disqualified from holding or obtaining a driver licence for more than 1 year.

                      2. Subsection (3A) does not apply if an order is made under section 65.

                      3. If an alcohol interlock sentence is ordered under section 65AC(1) for an offence against subsection (1) or (2)(a) that is a qualifying offence, then the mandatory disqualification in subsection (3)(b), (3AA)(b), or (3A) (whichever applies) is the period of disqualification for the purposes of section 65AE(d) (see section 65AD).

                      4. If an offence against subsection (2) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (3)(b), (3AA)(b), or (3A) (whichever applies) is the period of disqualification for the purposes of section 65AE(d) (see section 65AH(3)(a)).

                      5. 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 (3A) is to be treated as a conviction for an offence specified in that subsection.

                      6. 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 61(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                      • Section 61(1): amended, on , by section 34(1) of the Land Transport Amendment Act 2005 (2005 No 77).
                      • Section 61(2): substituted, on , by section 11 of the Land Transport Amendment Act 2009 (2009 No 17).
                      • Section 61(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                      • Section 61(2)(b): replaced, on , by section 14(1) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                      • Section 61(2)(c): repealed, on , by section 14(1) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                      • Section 61(2A): inserted, on , by section 11 of the Land Transport Amendment Act 2009 (2009 No 17).
                      • Section 61(2A): amended, on , by section 14(2) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                      • Section 61(3): amended, on , by section 27(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 61(3)(b): substituted, on , by section 34(2) of the Land Transport Amendment Act 2005 (2005 No 77).
                      • Section 61(3AA): inserted, on , by section 27(4) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 61(3A): inserted, on , by section 34(3) of the Land Transport Amendment Act 2005 (2005 No 77).
                      • Section 61(3A): amended, on , by section 14(3) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
                      • Section 61(3B): inserted, on , by section 34(3) of the Land Transport Amendment Act 2005 (2005 No 77).
                      • Section 61(3BA): inserted, on , by section 21(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                      • Section 61(3BB): inserted, on , by section 21(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                      • Section 61(3C): inserted, on , by section 27(5) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                      • Section 61(4): replaced, on , by section 21(2) of the Land Transport Amendment Act 2017 (2017 No 34).