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Land Transport Act 1998

Driving offences involving drink or drugs, and penalties and procedures - Enforcement procedures for offences involving use of qualifying drugs

71B: Who must undergo second oral fluid test

You could also call this:

“Who needs to take a second drug test when the police ask”

If you have a positive result on your first oral fluid test, you must take a second test right away. The police officer will tell you to do this. Sometimes, instead of a second oral fluid test, you might have to do a different test called a compulsory impairment test.

The police officer can make you stay where you are to do the second test. If that’s not possible, they can take you somewhere else to do the test. If that new place doesn’t work out, they can take you to another place for the test.

You have to go with the police officer if they tell you to. Once you’re at the place for the test, you have to stay there until you’ve done the test. After the test, you need to wait there until the results are ready.

If you don’t follow these rules, the police officer can arrest you without needing a warrant. If you get arrested, the police officer can make you do the second oral fluid test at the place where they’ve taken you.

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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=LMS822580.

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71A: Who must undergo first oral fluid test, or

"Who needs to take a drug test when driving a car"

Next

71C: Person must undergo further oral fluid test if either first or second oral fluid test fails to produce result, or

"You must take another oral fluid test if the first or second test doesn't work properly"

Part 6 Driving offences involving drink or drugs, and penalties and procedures
Enforcement procedures for offences involving use of qualifying drugs

71BWho must undergo second oral fluid test

  1. An enforcement officer must require a person to undergo a second oral fluid test without delay if the person has undergone a first oral fluid test and the result of the first oral fluid test is positive unless the person is instead required to undergo a compulsory impairment test in the circumstances described in section 71F(5).

  2. An enforcement officer may require the person—

  3. to remain in the place where the person underwent the first oral fluid test to undergo the second oral fluid test; or
    1. if it is not practicable for the person to undergo a second oral fluid test at the place where the person underwent the first oral fluid test, to accompany an enforcement officer to a place where it is likely that the person can undergo a second oral fluid test.

      1. If it is not practicable for a person to undergo a second oral fluid test at a place to which the person has accompanied an enforcement officer under subsection (2)(b), an enforcement officer may require the person to accompany the officer to any other place where it is likely that the person can undergo a second oral fluid test.

      2. A person must—

      3. accompany an enforcement officer to a place when required to do so under this section:
        1. if the person has accompanied an enforcement officer to a place under this section, remain at that place until the person is required to undergo an oral fluid test under this section:
          1. if the person has undergone an oral fluid test under this section, remain at the place where the person underwent the test until after the result of the test is ascertained.

            1. An enforcement officer may arrest without warrant a person who contravenes subsection (4).

            2. An enforcement officer may require a person who has been arrested under subsection (5) and taken to or detained at a place to undergo a second oral fluid test at that place.

            Notes
            • Section 71B: inserted, on , by section 21 of the Land Transport (Drug Driving) Amendment Act 2022 (2022 No 5).