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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

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

You could also call this:

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

If you fail or refuse to take an oral fluid test when asked by an enforcement officer, they can make you go with them to a place where you can have a blood test.

The officer can also make you go for a blood test if you’ve had two oral fluid tests that came back positive, and you were driving or in a car that had an accident where someone might have been hurt or killed.

You might also need to go for a blood test if you choose to have one instead of an oral fluid test, or if you don’t pass a compulsory impairment test properly.

If the first place the officer takes you can’t do the blood test, they can take you somewhere else that can.

You must go with the officer when they tell you to, and you have to stay there until you give a blood sample.

If you don’t do what the officer tells you to do, they can arrest you without needing a warrant.

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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=LMS822583.

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

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

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71F: Who must undergo compulsory impairment test, or

"When the police might ask you to take a drug test while driving"

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

71EPerson may be required to accompany enforcement officer to undergo blood test

  1. An enforcement officer may require the following persons to accompany an enforcement officer to a place where it is likely that the person can undergo an evidential blood test when required to do so by the officer:

  2. a person who fails or refuses to undergo an oral fluid test without delay after having been required to do so by the officer under any of sections 71A to 71C:
    1. a person who has undergone a first oral fluid test and a second oral fluid test that have produced positive results if—
      1. the person was the driver of a motor vehicle at the time an accident occurred involving the motor vehicle or an enforcement officer has good cause to suspect that the person was in the motor vehicle at the time of the accident; and
        1. the enforcement officer has good cause to suspect that another person has been injured or killed as a result of the accident:
        2. a person who has elected to have a blood test under section 71D:
          1. a person who fails to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person is required to do so by an enforcement officer under section 71F.

            1. If it is not practicable for a person to undergo a blood test at a place to which the person has accompanied an enforcement officer under subsection (1), 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 blood test.

            2. The person must—

            3. accompany the 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 provide a blood specimen for collection under section 72 or 73.

                1. An enforcement officer may arrest without warrant a person who contravenes subsection (3).

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