Plain language law

New Zealand law explained for everyone

Land Transport Act 1998

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

70A: Who has right to elect blood test after positive evidential breath test

You could also call this:

“Who can ask for a blood test after failing a breath test for alcohol?”

If you take a breath test and it shows you have alcohol in your breath, you might be able to ask for a blood test instead. You can do this if:

  1. Your breath test shows more than 400 micrograms of alcohol per litre of breath, or
  2. You are younger than 20 years old, or
  3. You have a special licence that says you can’t drink any alcohol when driving.

You have 10 minutes to ask for a blood test after the police officer tells you about your breath test result.

If your breath test shows between 250 and 400 micrograms of alcohol per litre of breath, you can’t ask for a blood test. But this rule doesn’t apply if you’re under 20 or have a special no-alcohol licence.

Remember, these rules are part of New Zealand’s laws about drinking and driving.

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 It might be out of date or be missing some parts.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=DLM434830.

Previous

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

"Police can ask you to take another breath test if the first one doesn't work"

Next

71: Meaning of apparently younger than 20, or

"How police decide if you look younger than 20"

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

70AWho has right to elect blood test after positive evidential breath test

  1. A person has the right, within 10 minutes of being advised by an enforcement officer of the matters specified in section 77(3)(a) (which sets out the conditions of the admissibility of the test), to elect to have a blood test to assess the proportion of alcohol in his or her blood, if the result of that person's evidential breath test appears to be positive, and—

  2. the result of the person's evidential breath test indicates that the proportion of alcohol in the person's breath exceeds 400 micrograms of alcohol per litre of breath; or
    1. the person is apparently younger than 20; or
      1. the person holds an alcohol interlock licence or a zero alcohol licence.

        1. A person does not have the right to elect to have a blood test to assess the proportion of alcohol in his or her blood if the result of the person's positive evidential breath test indicates that the proportion of alcohol in the person's breath exceeds 250 micrograms of alcohol per litre of breath but does not exceed 400 micrograms of alcohol per litre of breath.

        2. Subsection (2) does not apply to a person who is apparently younger than 20 or who holds an alcohol interlock licence or a zero alcohol licence.

        Notes
        • Section 70A: replaced, on , by section 10 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
        • Section 70A heading: replaced, on , by section 20 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).