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

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

You could also call this:

“Hurting someone while driving under the influence of alcohol or drugs”

You can commit an offence if you cause injury or death to someone by carelessly driving a motor vehicle while under the influence of drink or drugs. This also applies if a blood test shows you have used a listed drug, even if the level is below the high-risk limit.

If you cause injury or death while driving and a blood test shows you have a listed drug above the high-risk level, or an unlisted drug after failing a compulsory impairment test, you can also be charged with an offence.

If you are found guilty of these offences, you can be imprisoned for up to 3 years or fined up to $10,000. The court must also disqualify you from driving for at least 1 year, unless other specific orders are made.

In some cases, you might be ordered to have an alcohol interlock device installed in your vehicle. This is a special breathalyser that prevents your car from starting if you’ve been drinking.

The court can choose not to disqualify 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 It might be out of date or be missing some parts.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=DLM434811.

Previous

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

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

Next

63: Further penalty in certain cases where person driving vehicle used in transport service, or

"Extra punishment for driving offences in transport service vehicles"

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

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

  1. A person commits an offence if the person causes bodily injury to or the death of a person by carelessly driving a motor vehicle (in a manner that is not an offence against section 61)—

  2. while under the influence of drink or a drug, or both; 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 driving contains evidence of use of a listed qualifying drug and the blood concentration level of the drug equals or is less than the high-risk level (if any) for the drug.

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

      2. A person commits an offence if the person causes bodily injury to, or the death of, a person by driving or attempting to drive a vehicle 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 driving—

      3. 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. If a person commits an offence against subsection (1) or (1B),—

          2. the maximum penalty is imprisonment for a term not exceeding 3 years or a fine not exceeding $10,000; and
            1. the court must order the person to be disqualified from holding or obtaining a driver licence for 1 year or more.

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

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

              3. If an offence against subsection (1) or (1B) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (2)(b) is the period of disqualification for the purposes of section 65AE(d) (see section 65AH(3)(a)).

              4. 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 62(1): substituted, on , by section 12(1) of the Land Transport Amendment Act 2009 (2009 No 17).
              • Section 62(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
              • Section 62(1)(b): replaced, on , by section 15(1) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
              • Section 62(1A): inserted, on , by section 12(1) of the Land Transport Amendment Act 2009 (2009 No 17).
              • Section 62(1B): replaced, on , by section 15(2) of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).
              • Section 62(2): amended, on , by section 12(2) of the Land Transport Amendment Act 2009 (2009 No 17).
              • Section 62(3): replaced, on , by section 22 of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 62(4): inserted, on , by section 22 of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 62(5): inserted, on , by section 22 of the Land Transport Amendment Act 2017 (2017 No 34).
              • Section 62(6): inserted, on , by section 22 of the Land Transport Amendment Act 2017 (2017 No 34).