Caught drink driving? What you need to know

If you or someone you know is facing an excess breath alcohol (EBA) or drink driving charge, contact us early. Each holiday season sees a marked increase in Police presence on our roads and a subsequent increase in the number of charges laid against drivers.

Drink driving is viewed seriously by the courts and consequences can include a criminal conviction, possible employment and travel issues and more. At Bloem Law, we recognise that the ability to drive must be safeguarded.

Know the legal alcohol limits and the possible penalties of drink driving
  • The Land Transport Act 1998 establishes that if you are 20 or over, the legal breath-alcohol limit is 250 micrograms of alcohol per litre of breath.
  • A breath-alcohol level between 250mcg and 400mcg can result in low-level (infringement) offences, fines, and or 50 demerit points.
  • A breath-alcohol level over 400mcg (or over 80mg/100ml in blood) may result in criminal prosecution. For criminal-level offences you face up to 3 months’ imprisonment or a fine up to $4,500, with a mandatory disqualification period of at least 6 months.
  • If you are under 20, the limit is zero. Any alcohol can lead to a charge.
  • Repeat or serious offences incur much heavier penalties including longer prison terms, larger fines, or disqualification.
What to do if the Police stop you / breath test you
  • Police will request your name and address which you must provide.
  • They may also ask for a breath screening test, evidential breath test or a blood test if they suspect you have been drinking.
  • You have the right to talk to a lawyer before taking an evidential breath or blood test.
  • If Police ask for a blood test, you may request an independent analyst to test your sample. We can help facilitate this.
  • If you refuse tests, there are serious consequences, including license suspension and criminal charges.
Mistakes to avoid when facing drink driving charges
  • Don’t refuse tests without legal advice. This decision is serious and has consequences.
  • Don’t “just blow into the machine quickly” without thinking. Incorrect process may be challenged later.
  • Avoid speaking at length with Police before contacting a lawyer. Early silence helps protect your position.
How a defence lawyer can help you defend drink driving charges
  • We can examine how the test was administered (was procedure followed, calibration, chain of custody)
  • We can argue for mitigation; first offender status, circumstances, personal impact.
  • If there are procedural or human rights issues (e.g. failure to caution, right to lawyer), your lawyer may challenge the admissibility of evidence.
  • Over the long-term, a good outcome may involve reinstatement of licence, minimising disqualification time, or alternative penalties where appropriate.

CASE EXAMPLE: Our client was charged with drink driving. Due to a failure in the Police alcohol procedure the charge was dismissed.

If you need an Auckland drink driving lawyer, contact Bloem Law.