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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

71D: Person has right to elect blood test after 2 positive oral fluid tests

You could also call this:

“You can ask for a blood test if two mouth swabs show drugs”

If you have two positive oral fluid tests that show you’ve used the same qualifying drug, you can choose to have a blood test. You have 10 minutes to make this choice after a police officer tells you about the test results. The police officer must also tell you that if you choose to have a blood test, you might have to pay for it and any related medical costs. You’ll only have to pay if the blood test shows you’ve broken the law by driving with drugs in your system.

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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=LMS822582.

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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"

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71E: Person may be required to accompany enforcement officer to undergo blood test, or

"Police can make you go for a blood test if you don't follow the rules about drug tests while driving"

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

71DPerson has right to elect blood test after 2 positive oral fluid tests

  1. A person has the right, within 10 minutes of being advised by an enforcement officer of the matters specified in section 77A(3)(a), to elect to have a blood test to assess the proportion of a qualifying drug in the person’s blood if—

  2. the person has undergone a first oral fluid test and a second oral fluid test that have produced positive results; and
    1. the results of both tests indicate the use of 1 or more of the same qualifying drugs.

      1. An enforcement officer who advises a person of the matters specified in section 77A(3)(a) must also, without delay, advise the person that if the person elects to have a blood test the person may be liable to pay a blood test fee and associated medical costs if the result of the blood test establishes that the person has committed an offence against section 57A(1), 57B(1), or 57C(1) or an infringement offence against section 57A(2), 57B(2), or 57C(2).

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