Drink driving remains one of the most common criminal charges in New Zealand. Whether you have been stopped at a checkpoint or involved in an accident, a drink driving charge can have serious consequences for your licence, your employment, your ability to travel, and in some cases, your freedom. Understanding the law, the court process, and your options is essential.

The Legal Limits

In New Zealand, the legal blood alcohol limits for drivers aged 20 and over are:

  • Breath alcohol limit: 250 micrograms of alcohol per litre of breath
  • Blood alcohol limit: 50 milligrams of alcohol per 100 millilitres of blood

For drivers under 20, the limit is effectively zero — any detectable level of alcohol is an offence.

Types of Drink Driving Offences

There are several levels of drink driving offence in New Zealand, with increasing severity:

  • Driving with excess breath/blood alcohol (EBA) — This is the standard charge for exceeding the legal limit. It is further divided into lower-level and higher-level offences depending on the reading.
  • Driving while under the influence of alcohol (DUI) — This is a more serious charge, typically laid where the driver's ability to drive was clearly impaired by alcohol, regardless of the specific breath or blood alcohol reading.
  • Third or subsequent offence — A third drink driving offence within five years carries significantly harsher penalties, including a potential term of imprisonment.
  • Causing injury or death while under the influence — These are the most serious charges, carrying lengthy periods of imprisonment and licence disqualification.
  • Refusing to provide a breath or blood sample — Refusing to undergo a breath or blood test when required is itself an offence, and carries penalties similar to a high-level EBA.

The Court Process

If you are charged with a drink driving offence, you will typically:

  • Be given a court date to appear at the District Court
  • Be required to enter a plea — guilty or not guilty
  • If you plead guilty, the matter will proceed to sentencing (either on the same day or at a later date)
  • If you plead not guilty, the matter will be set down for a defended hearing (trial)

It is important to get legal advice before your first court appearance so you understand your options.

Likely Penalties

Penalties for drink driving depend on the level of the offence, your driving history, and any aggravating or mitigating factors. Common penalties include:

  • Licence disqualification — A mandatory minimum period of disqualification applies to most drink driving offences. For a first offence, this is typically six months.
  • Fines — Fines can range from several hundred dollars to several thousand dollars, depending on the offence level.
  • Community work or supervision — For more serious offences, the court may impose community work or a period of supervision.
  • Imprisonment — For high-level offences, repeat offences, or offences involving injury or death, imprisonment is a real possibility.
  • Alcohol interlock — The court may order that an alcohol interlock device be fitted to your vehicle as a condition of getting your licence back.

Discharge Without Conviction

In some cases, it may be possible to apply for a discharge without conviction under section 106 of the Sentencing Act 2002. If granted, the offence will not appear on your criminal record. This is typically only available for lower-level first offences where the consequences of a conviction (such as loss of employment or immigration consequences) would be out of all proportion to the gravity of the offending. A strong, well-evidenced application is essential.

Defences

Depending on the circumstances, there may be defences available, including:

  • Challenging the accuracy of the breath or blood testing procedure
  • Arguing that you were not driving or in charge of a motor vehicle
  • Post-driving consumption (the "hip flask" defence) — that you consumed alcohol after driving but before the test

Each case turns on its specific facts, and legal advice is essential to assess whether a defence is available.

How Indus Legal Can Help

Our criminal law team represents clients charged with drink driving offences across Auckland courts, including the Manukau District Court and Auckland District Court. We provide clear advice on your options, represent you at court appearances, and prepare strong applications for discharge without conviction where appropriate. If you have been charged, contact us as early as possible.

Call us on 09 869 4888 or email office@induslegal.co.nz.