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Land Transport Act 1998

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

57AA: Contravention of specified breath or blood alcohol limit by holder of alcohol interlock licence or zero alcohol licence

You could also call this:

“Driving with any alcohol when you have a special no-alcohol licence is against the law”

If you have an alcohol interlock licence or a zero alcohol licence, you’re not allowed to drive with any alcohol in your system. If you try to drive and you have a small amount of alcohol in your breath or blood, you’re breaking the law. This means having up to 250 micrograms of alcohol per litre of breath or up to 50 milligrams of alcohol per 100 millilitres of blood.

If you’re caught doing this, you could go to jail for up to 3 months or pay a fine of up to $2,250. The court will also take away your licence for at least 3 months.

If you have more alcohol in your system than the small amount mentioned earlier, you’re committing a more serious offence. In this case, you could go to jail for up to 2 years or pay a fine of up to $6,000. The court will take away your licence for at least 1 year.

Sometimes, the court might not take away your licence if they decide to give you an alcohol interlock sentence or if there are special reasons related to your offence.

Remember, these rules are to keep everyone safe on the roads. It’s important to follow them if you have an alcohol interlock licence or a zero alcohol licence.

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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=DLM4738719.

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57: Contravention of specified breath or blood-alcohol limit by person younger than 20, or

"Young drivers under 20 can get in trouble for having alcohol while driving"

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57A: Driving with blood that contains evidence of, or oral fluid that indicates, use of 1 qualifying drug, or

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

57AAContravention of specified breath or blood alcohol limit by holder of alcohol interlock licence or zero alcohol licence

  1. A person who holds an alcohol interlock licence or a zero alcohol licence commits an offence if the person drives or attempts to drive a motor vehicle on a road while the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, contains alcohol but the proportion of alcohol does not exceed 250 micrograms of alcohol per litre of breath.

  2. A person who holds an alcohol interlock licence or a zero alcohol licence commits an offence if the person drives or attempts to drive a motor vehicle on a road while the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, contains alcohol but the proportion of alcohol does not exceed 50 milligrams of alcohol per 100 millilitres of blood.

  3. If a person is convicted of an offence against subsection (1) or (2),—

  4. the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $2,250; and
    1. the court must order the person to be disqualified from holding or obtaining a driver licence for 3 months or more.

      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. A person who holds an alcohol interlock licence or a zero alcohol licence commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, exceeds 250 micrograms of alcohol per litre of breath.

          2. A person who holds an alcohol interlock licence or a zero alcohol licence commits an offence if the person drives or attempts to drive a motor vehicle on a road while the proportion of alcohol in the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, exceeds 50 milligrams of alcohol per 100 millilitres of blood.

          3. If a person is convicted of an offence against subsection (4) or (5),—

          4. 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 1 year or more.

              1. The mandatory disqualification in subsection (6)(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. 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).

                  Notes
                  • Section 57AA: inserted, on , by section 26 of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).
                  • Section 57AA(1): amended, on , by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
                  • Section 57AA(1): amended, on , pursuant to section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 57AA(2): amended, on , by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
                  • Section 57AA(2): amended, on , pursuant to section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 57AA(3A): inserted, on , by section 17(1) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 57AA(4): amended, on , by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
                  • Section 57AA(4): amended, on , pursuant to section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 57AA(5): amended, on , by section 15 of the Land Transport Amendment Act (No 2) 2014 (2014 No 57).
                  • Section 57AA(5): amended, on , pursuant to section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                  • Section 57AA(7): replaced, on , by section 17(2) of the Land Transport Amendment Act 2017 (2017 No 34).
                  • Section 57AA(8): inserted, on , by section 17(2) of the Land Transport Amendment Act 2017 (2017 No 34).