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Land Transport Act 1998

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

57B: Driving while blood contains evidence of, or oral fluid indicates, use of 2 or more qualifying drugs

You could also call this:

“Driving is not allowed when you've taken two or more drugs that can affect your driving”

You are not allowed to drive or try to drive a vehicle on the road if you have used two or more qualifying drugs. This is against the law.

If a blood test shows you have used two or more qualifying drugs, you might be breaking the law. This depends on the types and amounts of drugs in your blood. If you have too much of certain drugs, or if you fail a test that checks if you’re impaired, you could be in trouble.

You might commit a less serious offence if you have used two or more drugs, but the amounts are lower. This can happen even if you weren’t asked to take an impairment test.

It’s also against the law to drive after two oral fluid tests show you’ve used two or more of the same qualifying drugs. This applies if you don’t choose to have a blood test afterwards.

Remember, these rules are in place to keep everyone safe on the roads. It’s important to never drive when you’ve taken drugs that could affect your ability to drive safely.

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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=LMS822214.

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

"Driving with drugs in your blood or saliva"

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57C: Driving while blood or breath contains alcohol and blood contains evidence of, or oral fluid indicates, use of 1 qualifying drug, or

"Driving with alcohol and one drug in your system is not allowed"

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

57BDriving while blood contains evidence of, or oral fluid indicates, use of 2 or more qualifying drugs

  1. A person who drives or attempts to drive a motor vehicle on a road commits an offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, the person’s blood contains evidence of use of 2 or more qualifying drugs and either or both of the following apply:

  2. 1 or more of the drugs are listed qualifying drugs and the blood concentration level for 1 or more listed qualifying drugs exceeds the applicable high-risk level:
    1. 1 or more of the drugs are unlisted qualifying drugs and the blood specimen was taken after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F.

      1. A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, the person’s blood—

      2. contains evidence of use of 2 or more listed qualifying drugs and the blood concentration level of each listed qualifying drug equals or is less than the high-risk level for the drug; or
        1. contains evidence of use of 2 or more unlisted qualifying drugs and the person was not required to undergo a compulsory impairment test under section 71F before the blood specimen was taken; or
          1. contains evidence of use of 1 or more listed qualifying drugs and 1 or more unlisted qualifying drugs and—
            1. the blood concentration level of each listed qualifying drug equals or is less than the high-risk level for the drug; and
              1. the person was not required to undergo a compulsory impairment test under section 71F before the blood specimen was taken.

              2. A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if—

              3. the results of a first oral fluid test and second oral fluid test subsequently undergone by the person are positive and indicate the use of 2 or more of the same qualifying drugs; and
                1. the person does not elect to have a blood test in accordance with section 71D.

                  Notes
                  • Section 57B: inserted, on , by section 10 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).