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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

71F: Who must undergo compulsory impairment test

You could also call this:

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

You might need to take a special test if a police officer thinks you have taken drugs. This can happen if you’re driving a car, trying to drive a car, or if the officer thinks you recently broke a driving law. If there’s been a car accident, the driver or someone who might have been in the car could also be asked to take this test.

The police officer can ask you to stay where you are to do the test, or they might take you somewhere else if it’s safer or more private. You have to stay until the test is finished and the result is known.

If you don’t do what the police officer asks, they can arrest you without needing a warrant first.

The police can ask you to do this drug test even if you’ve already done other tests, like breath tests for alcohol or other drug tests. But if you’ve already had a drug test that showed you used one specific drug, they won’t ask you to do this extra test.

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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=LMS822584.

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

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71G: Approval of oral fluid tests and oral fluid testing devices, or

"Rules for approving spit tests to check for drugs"

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

71FWho must undergo compulsory impairment test

  1. An enforcement officer may require any of the following persons to undergo a compulsory impairment test given by an enforcement officer trained to give the test if the enforcement officer has good cause to suspect that the person has consumed a drug or drugs:

  2. a driver of, or a person attempting to drive, a motor vehicle on a road:
    1. a person who the officer has good cause to suspect has recently committed an offence against this Act that involves the driving of a motor vehicle:
      1. if an accident has occurred involving a motor vehicle,—
        1. the driver of the vehicle at the time of the accident; or
          1. if the enforcement officer is unable to ascertain who the driver of the motor vehicle was at the time of the accident, a person who the officer has good cause to suspect was in the motor vehicle at the time of the accident.

          2. An enforcement officer may require a person specified in subsection (1) to—

          3. remain in the place where stopped, for a period of time that is reasonable in the circumstances, to undergo the compulsory impairment test; or
            1. accompany an enforcement officer to another place to undergo the compulsory impairment test if it would enhance road safety, personal safety, the person's privacy, or the giving or taking of the test.

              1. A person who has undergone a compulsory impairment test must remain at the place where the person underwent the test until the result of the test is ascertained.

              2. An enforcement officer may arrest a person without warrant if the person refuses or fails to comply with subsection (2) or (3).

              3. An enforcement officer may exercise the powers in subsections (1) and (2) in addition to any of the following:

              4. any breath screening test, regardless of the result of the test (or a failure of the test to produce a result):
                1. any evidential breath test, regardless of the result of the test (or a failure of the test to produce a result):
                  1. a first oral fluid test that—
                    1. does not produce a positive result; or
                      1. produces a positive result that indicates the use of more than 1 qualifying drug:
                      2. a second oral fluid test that does not produce a positive result.

                        1. An enforcement officer must not exercise the powers in subsection (1) and (2) in addition to either of the following:

                        2. a first oral fluid test that produces a positive result that indicates the use of only 1 qualifying drug:
                          1. a second oral fluid test that produces a positive result.

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