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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

65AI: Exceptions: persons who are not to be given alcohol interlock sentence

You could also call this:

“People who don't have to use an alcohol interlock device in their car”

If you fall under an exception described in section 65AB(2), the court will not give you an alcohol interlock sentence. Instead, the court will do three things:

First, the court will stop you from having or getting a driver licence for a certain amount of time. This time period will be based on the offence you committed.

Second, the court will give you a punishment that fits your offence. This could be a fine, time in prison, an assessment, or a community-based sentence.

Third, if the court has stopped you from driving for a while, they will allow you to apply for a zero alcohol licence when that time is over. A zero alcohol licence means you can’t have any alcohol in your system when you drive.

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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=LMS61412.

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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

65AIExceptions: persons who are not to be given alcohol interlock sentence

  1. If this section applies because an exception described in section 65AB(2) applies to the person, a court must—

  2. disqualify the person from holding or obtaining a driver licence for the period that is appropriate under the provision relating to the qualifying offence; and
    1. order any fine, imprisonment, assessment, or community-based sentence that is appropriate for the qualifying offence; and
      1. if a disqualification is ordered, authorise the person to apply for a zero alcohol licence at the end of the period of disqualification.

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