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Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Enforcement procedures for offences involving intoxication

69: Who must undergo evidential breath test

You could also call this:

“People who need to take a breath test when asked by police”

A police officer can ask you to go with them to a place where you can take a breath test or blood test if:

You have an alcohol interlock licence or zero alcohol licence, and your breath test shows any alcohol.

You are under 20 years old, and your breath test shows any alcohol.

For everyone else, if your breath test shows more than 250 micrograms of alcohol per litre of breath.

You refuse to take a breath test when asked.

A breath test can’t be done, but the officer thinks you’ve been drinking.

If you can’t take the test where you are, the officer can take you somewhere else to do it.

The officer can ask you to take the test at the place they’ve taken you to.

Before the test, the officer must tell you:

If you don’t take the breath test, you’ll have to give a blood sample.

If the blood test shows alcohol, you might get a fine or be charged with a crime.

How much the fine is for breaking the law about alcohol limits.

You might have to pay for the blood test and medical costs.

You must go with the officer when asked, stay at the place until you take the test, and wait for the results.

The officer can arrest you if you don’t do these things.

If you’re in a hospital or medical centre because of a car accident, the officer can’t make you take a breath test.

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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=DLM434828.

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70: Person may be required to undergo further evidential breath test if initial test fails to produce result, or

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Part 6 Driving offences involving drink or drugs, and penalties and procedures
Enforcement procedures for offences involving intoxication

69Who must undergo evidential breath test

  1. An enforcement officer may require a person to accompany an enforcement officer to a place where it is likely that the person can undergo an evidential breath test or a blood test (or both) when required to do so by the officer, if,—

  2. in the case of a person who holds an alcohol interlock licence or a zero alcohol licence, the person has undergone a breath screening test under section 68 and it appears to the officer that the breath of the person who underwent the test contains alcohol; or
    1. in the case of a person who is apparently younger than 20, the person has undergone a breath screening test under section 68 and it appears to the officer that the breath of the person who underwent the test contains alcohol; or
      1. in the case of any other person, the person has undergone a breath screening test under section 68 and it appears to the officer that the proportion of alcohol in the breath of the person who underwent the test exceeds 250 micrograms of alcohol per litre of breath; or
          1. the person fails or refuses to undergo a breath screening test without delay after having been required to do so by the officer under section 68; or
            1. the person could be required to undergo a breath screening test without delay under section 68 but cannot be tested because either a breath screening device is not readily available or for any reason a breath screening test cannot then be carried out, and there is good cause to suspect that the person has consumed drink.

              1. If it is not practicable for a person to undergo an evidential breath test at a place to which the person has accompanied an enforcement officer under subsection (1), an enforcement officer may require the person to accompany the officer to any other place where it is likely that the person can undergo an evidential breath test or a blood test (or both).

              2. For the avoidance of doubt, it is declared that an enforcement officer may require a person to accompany the officer to a place under subsection (1) if—

              3. it is likely that the person can undergo an evidential breath test at that place, whether or not it is likely that the person can undergo a blood test at that place; or
                1. it is likely that the person can undergo a blood test at that place, whether or not it is likely that the person can undergo an evidential breath test at that place.

                  1. If a person—

                  2. has accompanied an enforcement officer to a place under this section; or
                    1. has been arrested under subsection (6) and taken to or detained at a place,—
                        1. an enforcement officer may require the person to undergo without delay at that place an evidential breath test (whether or not the person has already undergone a breath screening test).

                      1. An enforcement officer who requires a person to undergo an evidential breath test under subsection (4) must, without delay, advise the person—

                      2. that if the person fails or refuses to undergo the evidential breath test, the person will be required to permit the taking of a blood specimen under section 72(1)(a); and
                        1. that if the result of a blood test indicates the presence of alcohol in the person’s blood the person may be issued with an infringement offence notice or charged with an offence, depending on the proportion of alcohol; and
                          1. of the infringement fee payable for a breach of section 56(2B); and
                            1. that the person may be liable to pay a blood test fee and associated medical costs, whether or not the result of the blood test establishes that the person has committed an offence against this Act.

                              1. A person must—

                              2. accompany the officer to a place when required to do so under this section:
                                1. if the person has accompanied an enforcement officer to a place under this section, remain at that place until the person is required either to undergo an evidential breath test or a blood test under this Act, or to accompany an enforcement officer to another place under this section:
                                  1. if the person has undergone an evidential breath test under this section, remain at the place where the person underwent the test until after the result of the test is ascertained.

                                    1. An enforcement officer may arrest without warrant a person who contravenes subsection (5).

                                    2. An enforcement officer may not require a person who is in a hospital or medical centre as a result of an accident involving a motor vehicle to undergo an evidential breath test.

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                                    Notes
                                    • Section 69(1): amended, on , by section 32(1) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                    • Section 69(1)(a): substituted, on , by section 32(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                    • Section 69(1)(aa): inserted, on , by section 32(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                    • Section 69(1)(ab): inserted, on , by section 32(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                    • Section 69(1)(ab): amended, on , by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
                                    • Section 69(1)(b): repealed, on , by section 32(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                                    • Section 69(4A): inserted, on , by section 9 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
                                    • Section 69(7): amended, on , by section 10 of the Land Transport Amendment Act 2016 (2016 No 77).