Alcohol and drugs, including some drugs given to you by a doctor, can seriously affect your driving. They can slow your reaction times and affect your senses.
You risk causing death and serious injury to yourself and other people if you drive under the influence of alcohol or drugs.
The law says you must not drive if the amount of alcohol in your blood or breath exceeds certain age-related limits. These limits are shown below.
Under twenty
The legal alcohol limit, if you are under 20, is 150 micrograms per litre of breath or 30 milligrams per 100 millilitres of blood. This is effectively a zero limit � consuming just one drink will mean you can be charged with drink-driving.
Twenty or over
You must not drive if you have consumed more than the legal alcohol limit, which is 400 micrograms per litre of breath or 80 milligrams per 100 millilitres of blood.
It is difficult to say how many alcoholic drinks you can have before you reach these limits. It depends on many factors, including:
Because of this, and because even small amounts of alcohol can affect your driving, the best advice is: if you drink at all, don't drive.
If you've been drinking, call a taxi, take a bus or get someone who hasn't been drinking, such as a friend or 'dial-a-driver', to drive you home.
The law also says you must not drive if you have taken any type of drug that may affect your driving ability. If you are prescribed drugs by a doctor, always ask if they will have any effect on your driving.
You can be stopped by the Police and breath-tested at any time. The Police can use the following tests to see if you have been drinking or taking drugs.
Passive breath test
The officer will place a hand-held device in front of your mouth and ask you to talk into it. This will show if you have recently drunk any alcohol. If any alcohol is detected, a breath screening test will be required.
Breath screening test
The police officer will give you either a tube of crystals with a bag on the end or a small electronic device, and will ask you to blow into it. If your alcohol level is high, you will be asked to take an evidential breath test or have a blood test.
Evidential breath test
This is an electronic device you blow into, which gives a reading that can be used in court as evidence of your breath–alcohol concentration.
Blood test
If you have a blood test, a medical doctor or other approved person will take a sample of your blood to be tested for alcohol or drugs.
A police officer can ask you to take a passive breath test or breath screening test if:
You must wait with the officer for the result of the test.
If the test shows you have been drinking, you must:
If you don't, you may be arrested.
You may:
If your blood test shows you are over the legal limit, you will be given a copy of the blood test certificate.
You may ask for your blood sample to be tested by an independent analyst. If you want this to happen, it’s important that you talk to a lawyer as soon as possible.
The following table shows some of the penalties for driving offences related to alcohol and drugs.
| Offence | Amount of alcohol | Penalty | ||||
|---|---|---|---|---|---|---|
| Blood | Breath | Prison | Fine | Disqualification or suspension of licence | ||
| You kill or injure someone when driving after drinking too much or taking drugs | More than 80 mg per 100 ml | More than 400 mcg per litre | Up to five years | Up to $20,000 | First or second offence one year or more, third or subsequent offence more than one year | |
| You drive, or try to drive, after drinking too much or taking drugs and you are aged 20 years or over | More than 80 mg per 100 ml | More than 400 mcg per litre | First and second offences | |||
| Up to three months | Up to $4,500 | Six months or more | ||||
| Third and subsequent offences | ||||||
| Up to two years | Up to $6,000 | More than one year | ||||
| You drive, or try to drive, after drinking too much or taking drugs and you are aged under 20 years | More than 30 mg per 100 ml | More than 150 mcg per litre | Up to three months | Up to $2,250 | Three months or more | |
| You refuse to give blood when asked by a police officer, doctor or approved person | First and second offence | |||||
| Up to three months | Up to $4,500 | Six months or more | ||||
| Third and subsequent offences | ||||||
| Up to two years | Up to $6,000 | More than one year | ||||
| You refuse to go with a police officer for an evidential breath test or blood test | Up to $4,500 | As decided by the court | ||||
| You are in charge of a vehicle after drinking too much or taking drugs and you do not hand over the keys when asked by a police officer | Up to $10,000 | |||||
Your licence will be suspended on the spot if you refuse to have a blood test or if, following an evidential breath or blood test, you are found to have:
* A lower threshold of 80 milligrams or 400 micrograms will apply if, in the previous four years, you have been convicted of:
Your licence will be suspended for 28 days and you will still have to face court-imposed penalties.
The penalties described above may be increased substantially for repeat offences.
In addition, if you commit two alcohol-related offences within a five-year period and one of those offences involves:
then you will be:
You can apply for the removal of an alcohol-related indefinite disqualification if:
The disqualification can only be removed by the NZTA, and you must resit and pass your driver licence tests before you can drive again.
New Zealand Road Code Test Questions, practise online with instant answers for learner license theory test.
