FAQ

Penalties for a first or second excess breath/blood alcohol conviction:

If you are facing a first or second conviction because your breath count exceeded 400 or your blood count exceeded 80 you are looking at a maximum term of imprisonment of three months or a maximum fine of $4,500, together with mandatory disqualification from driving for a minimum period of six months.

First offence

In reality, if convicted of your first drink driving offence, you will normally be fined between $400-$1,000 (depending on how high your breath/blood alcohol level was) and disqualified from driving for the mandatory period of six months.

However, as of 1 July 2018 there have been some significant changes in terms of the mandatory disqualification. If you are convicted of a first drink driving offence where your breath count exceeded 800 or your blood count exceeded 160; you will be facing a mandatory alcohol interlock sentence instead of the usual six month minimum disqualification. This means you will face a certain period of disqualification (normally 28 days) and then be subject to an alcohol interlock licence. Meaning that when you drive, you may only drive a vehicle with an alcohol interlock device fitted.

There are various costs involved in obtaining and maintaining such a licence/device. You can visit the NZ Transport Agency website for more helpful information about alcohol interlock licences here: https://www.nzta.govt.nz/driver-licences/driving-offences-and-penalties/alcohol-sentencing/alcohol-interlock-programme/

Second offence

Until recently, a fine was the norm for a second such conviction. However, many of the courts are now imposing a term of community work instead, together with a disqualification period often in excess of the six month minimum.

If your breath/blood alcohol reading is particularly high, the court may also impose a form of supervision. This is when the Department of Corrections becomes involved and oversees your sentence. Supervision is described on the Department of Corrections’ website as providing an offender with rehabilitation opportunities to address the causes of their offending and motivate them to seek positive change.

As outlined above, if your breath/blood count reaches a particular level (over 800 breath / over 160 blood); you will be subject to a mandatory alcohol interlock licence. Alternatively, if you have two such convictions within a five year period, you will also be subject to an alcohol interlock licence, no matter what your breath/blood count was.

Penalties for a third or subsequent excess breath/blood alcohol conviction:

If you are facing a conviction for a third or subsequent excess breath/blood alcohol offence you are looking at a maximum term of imprisonment of two years or a maximum fine of $6,000, together with disqualification from driving for a minimum period of one year and one day.

The starting point for a third (or higher) such conviction is imprisonment. However, the actual penalty will depend on how far apart your similar previous convictions are, and how high your breath/blood alcohol level was.

In reality, if convicted of a third or subsequent offence, the penalty could range from a high fine to community work, community detention, home detention or imprisonment; or a combination of these. Supervision or intensive supervision is also likely.

Your type of disqualification will depend on various factors; including how many similar convictions you have within what time frame; as well as how low/high the breath/blood alcohol levels are for each offence. The options can include disqualification from driving in excess of one year, indefinite disqualification, or a mandatory alcohol interlock licence.