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Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Mandatory alcohol interlock sentence for repeat offences and certain first offences

65AC: Alcohol interlock sentence

You could also call this:

“Court may require you to have a special licence that checks for alcohol before driving”

If the court decides you need an alcohol interlock sentence, here’s what it means for you:

You can’t have a driver licence for a certain amount of time. The law says how long this time should be.

After that time is over, you can ask for a special licence called an alcohol interlock licence. This is the only kind of licence you’re allowed to have.

When you have an alcohol interlock licence, you need to follow some rules. Once you’ve followed these rules, you can ask to change your alcohol interlock licence to a zero alcohol licence.

Sometimes, the court might decide not to give you an alcohol interlock sentence if there are special reasons. If this happens, they might use a different rule called section 94. But they can’t replace an alcohol interlock sentence with a community-based sentence.

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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=LMS61395.

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Part 6 Driving offences involving drink or drugs, and penalties and procedures
Mandatory alcohol interlock sentence for repeat offences and certain first offences

65ACAlcohol interlock sentence

  1. If this section applies, the court must order an alcohol interlock sentence.

  2. An alcohol interlock sentence—

  3. disqualifies the person from holding or obtaining a driver licence for the period required by section 65AE; and
    1. authorises the person to apply for an alcohol interlock licence at the end of that period; and
      1. disqualifies the person from holding or obtaining any licence except an alcohol interlock licence; and
        1. authorises the person, after complying with the alcohol interlock licence requirements, to apply to replace the alcohol interlock licence with a zero alcohol licence.

          1. Subsection (1) applies unless for special reasons relating to the qualifying offence the court thinks fit to order otherwise and, if so,—

          2. section 94 may apply (and a reference to disqualification in section 94 must be treated as if it referred to an alcohol interlock sentence); but
            1. an alcohol interlock sentence may not otherwise be substituted by a community-based sentence.

              Notes
              • Section 65AC: inserted, on , by section 26 of the Land Transport Amendment Act 2017 (2017 No 34).