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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

65AJ: Effect of subsequent qualifying offences on alcohol interlock sentence

You could also call this:

“What happens if you break alcohol driving rules while on an alcohol interlock sentence”

If you have an alcohol interlock sentence and you commit another qualifying offence, here’s what happens:

The court will usually give you a new alcohol interlock sentence. This is like starting over with a fresh sentence.

There are two times when you might not get a new alcohol interlock sentence:

  1. If the new offence is not serious enough to need an alcohol interlock sentence.
  2. If something about your situation has changed, making you exempt from an alcohol interlock sentence.

If you do get a new alcohol interlock sentence, it will be treated as if it’s your first one. The rules for the new sentence will be based on your latest offence, not your earlier ones.

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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=LMS61414.

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

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

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65AK: Effect of other subsequent offences on alcohol interlock licence, or

"What happens to your alcohol interlock licence if you get in trouble for another driving offence"

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

65AJEffect of subsequent qualifying offences on alcohol interlock sentence

  1. This section applies to a person with an alcohol interlock sentence who is convicted of a subsequent qualifying offence.

  2. The court must replace the alcohol interlock sentence with a new alcohol interlock sentence under section 65AC unless—

  3. section 65AC(3) applies to the subsequent qualifying offence; or
    1. an exception described in section 65AB(2) now applies to the person (in which case, section 65AI applies).

      1. Sections 65AC to 65AI apply to the new alcohol interlock sentence as if a reference to a qualifying offence in those sections were a reference to the subsequent qualifying offence.

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