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Land Transport Act 1998

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

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

You could also call this:

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

You are not allowed to drive or try to drive a car on the road if your blood or breath contains both alcohol and a qualifying drug. This is against the law.

If your blood has alcohol and one qualifying drug, you can be charged with an offence if:

Your blood alcohol level is higher than allowed. The limits are different for different people. If you’re under 20, or have a special licence, the limit is lower.

The drug in your blood is above a certain level, or if you failed a test that checks if you’re impaired.

You can also get in trouble for a less serious offence if:

Your blood alcohol level is lower than the limits mentioned before, but you still have a qualifying drug in your blood.

Your breath alcohol level is lower than certain limits, but you test positive for a qualifying drug in two oral fluid tests.

These rules are stricter for people with special licences that don’t allow any alcohol.

Remember, driving with alcohol and drugs in your system is dangerous and against the law.

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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=LMS822216.

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

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

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57D: Penalties for offences against sections 57A(1), 57B(1), and 57C(1), or

"Punishments for driving after taking drugs"

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

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

  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 alcohol and evidence of use of 1 qualifying drug and any or all of the following apply:

  2. the proportion of alcohol in the person’s blood—
    1. exceeds 80 milligrams of alcohol per 100 millilitres of blood; or
      1. if the person is younger than 20, exceeds 30 milligrams of alcohol per 100 millilitres of blood; or
        1. if the person holds an alcohol interlock licence or a zero alcohol licence, equals or is less than 50 milligrams of alcohol per 100 millilitres of blood:
        2. the drug is a listed qualifying drug and the blood concentration level of the drug exceeds the high-risk level for the drug:
          1. the drug is an unlisted qualifying drug 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 the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73,—

            2. contains alcohol and the proportion of alcohol in the person’s blood equals or is less than—
              1. 80 milligrams of alcohol per 100 millilitres of blood; or
                1. if the person is younger than 20, 30 milligrams of alcohol per 100 millilitres of blood; and
                2. contains evidence of use of a qualifying drug and,—
                  1. if the drug is a listed qualifying drug, the blood concentration level of the drug equals or is less than the high-risk level (if any) for the drug; and
                    1. if the drug is an unlisted qualifying drug, 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. as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, the person’s blood contains alcohol but the proportion of alcohol in the person’s blood equals or is less than—
                      1. 80 milligrams of alcohol per 100 millilitres of blood; or
                        1. if the person is younger than 20, 30 milligrams of alcohol per 100 millilitres of blood; and
                        2. the results of a first oral fluid test and the second oral fluid test subsequently undergone by the person are positive and indicate the use of the same qualifying drug; and
                          1. the person does not elect to have a blood test in accordance with section 71D.

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

                            2. the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, equals or is less than—
                              1. 400 micrograms of alcohol per litre of breath; or
                                1. if the person is younger than 20, 150 micrograms of alcohol per litre of breath; and
                                2. 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 the same qualifying drug; and
                                  1. the person does not elect to have a blood test in accordance with section 71D.

                                    1. Subsections (2), (3), and (4) do not apply to a person who holds an alcohol interlock licence or a zero alcohol licence (see section 57AA for offences relating to contravention of specified breath or blood alcohol limits by a holder of an alcohol interlock licence or a zero alcohol licence).

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