trafficWhat Is The Penalty For Drink Driving in NZ

September 10, 2020by Naomi Cramer

The Penalties For Drink Driving include:

  • JAIL : 3 months – 10 years Imprisonment
  • Motor Vehicle Seized Immediately and Impounded for 28 days
  • Court Fine of up to $ 20,000
  • Loss of Drivers License from 3 months to 2 years
  • Car Permanently Confiscated
  • Alcohol Interlock Device

DO NOT Plead Guilty without having first obtain professional legal advice from a traffic law specialist. You have too much to lose. Remember there is no penalty if you are acquitted of the charges. This is our area of expertise we excel in.  Call  0210 2964 279  to make an appointment to discuss your case with an experienced  Drink Drive expert today .

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JAIL : 3 months – 10 years

Imprisonment

For the standard alcohol  or drug impaired  driving offence, if you drive or attempted to drive with a breath level over 400 mcg or a blood concentration exceeding 80mg/100ml you face a prison term of up to 3 months if it is your first offence.

Drink/drug impaired drivers under the age of 20,  also face a prison term of up to 3 month and the levels are much less , the levels are 150cmg of breath or 30mg/100ml of blood

For those facing their third or subsequent offence, the penalties significantly increase to a prison term of up to two years.

For the most serious drink or drug impaired driving offending  causing injury or death, offenders face 5 years jail if a person is injured and up to 10 years if death is caused person is injured and up to 10 years if death is caused.

 

Motor Vehicle Seized Immediately and Impounded for 28 days

An enforcement officer must seize and impound  a vehicle for 28 days if he/she believes on reasonable grounds that  it was driven on a road while the person:

  • was / is disqualified or suspended from driving , or
  • does not have a license and has previously been forbidden to drive, or
  • was over the limit of 400mcg of breath or 80mg of blood, or
  • refused to undergo a blood test when requested to do so and had 2 or more convictions within the last 4 years of offences against certain provisions of the Land Transport Act.

Court Fine of up to $ 20,000

The penalty for the standard alcohol  or drug impaired  driving offence, if you drive or attempted to drive with a breath level over 400 mcg or a blood concentration exceeding 80mg/100ml  you face a maximum fine of $ 4,500

Drink drivers under the age of 20  with levels in excess of 150cmg of breath or 30mg/100ml of blood can be fined $2,250

For those facing their third or subsequent offence, the maximum fine the Court can impose is $ 6,000

The most serious charges such as intoxicated drivers causing injury or death, the maximum fine is $ 20,000

Court Costs of around $250 are likely to be imposed as well.

For lower levels of alcohol, offenders can be fined an infringement fee and gather demerit points.

An infringement fee of $200 and 50 demerit points can be issued to those driving with a breath alcohol concentration between 251 mcg or blood of 51-80mg . Young persons under 20 years old can be issued face the same fate for ANY amount of alcohol.

Loss of Drivers License

Depending upon your age, and whether it is your first, second or third and subsequent offence, you can be disqualified from driving from 3 months to 2 years.

The Court may not necessarily disqualify a person under the age of 20  but for those over 20 years of age who drive over the limit of 400 mcg or a blood concentration exceeding 80mg/100ml  the Court must impose a loss of license disqualifying you from driving for a minimum of 6 months. for a first or second offence and more than a year of it is your third or subsequent offence.

There are limited exceptions to the above disqualification guidelines and you may also be able to apply for a limited work license .

Car Permanently Confiscated

Under section 128 of the Sentencing  Act 2002 the Court has the ability to confiscate your motor vehicle following a conviction for an offence punishable by more than 12 months imprisonment, or an offence against specified provisions of the Land Transport Act.

This is in addition to other penalties discussed above such as loss of license, fine or imprisonment.

Alcohol Interlock Device

For certain high level readings of 800mcg or 160mg and above, an alcohol interlock sentence must be imposed by the Court.

A device is wired into your car and the car will not start unless and until you breath into it first.

You will be expected to pay the costs for its installation, monthly rental , removal and the initial driver licensing fee, which altogether will add up to around $2,400 – 2,800 for a 12 month sentence .

This sentence essentially disqualifies a person from driving expert under an alcohol interlock licence.

You will not be eligible for any other licence including a limited work license.

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CALL  0210 2964 279  Now For An Appointment With An EXPERIENCED  DRINK DRIVE EXPERT Because You Only Have ONE CHANCE & Have Too  Much To Lose.

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What Is The Penalty For Drink Driving in NZ
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What Is The Penalty For Drink Driving in NZ
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Drink Driving Penalties Upon Convictions Include Jail, Fine, Loss of Drivers License, Car Impounded or Permanently Confiscated. There is NO PENALTY if you are ACQUITTED. Call 0210 2964 279 for an appointment with a Drink Drive Expert with over 20 years Experience Today.
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Cramer Law
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by Naomi Cramer

Family Criminal & Traffic Lawyer in Auckland who's specialises in FIRST TIME offenders , Drink Driving and Youths aged 17 and under. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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