New risks: drug-driving

While there is limited data showing exactly how many drug-driving charges happen over the Christmas and New Year period, the holiday season remains a significant road-safety concern in New Zealand. Police advise that 33.8% of fatal crashes between 2019-2023 were found to have the presence of drugs. With a Police focus on roadside drug-driving testing rolling out this Christmas, anyone stopped or charged over the holidays faces serious legal risk. Seeking early advice is critical.

New risks

Police will now be able to stop any motor vehicle anywhere at any time to screen a driver’s saliva for the presence of 25 qualifying drugs at a level that indicates the drugs have recently been used. Drugs of interest include some prescription medications, methamphetamine, MDMA (ecstasy), cannabis and cocaine. You may receive an infringement notice for failing or refusing to undertake a test as requested by an enforcement officer.

If the first oral fluid (saliva) screening test is positive:

  • Police will determine which of three processes is will apply to the test. The variable in determining the correct process is dependent on the amount of saliva gathered.
    • If there is enough saliva gathered for both laboratory and private testing, the officer must deliver or post the saliva to an approved lab for analysis and retention.
    • If there is sufficient saliva for one test, this will be sent to an approved lab for testing. Should a client wish to have their saliva tested by a private lab, they must provide a further saliva sample within 10 minutes of being advised of the test outcome and have the private lab testing undertaken at their cost.
    • If there is not enough saliva gathered for testing, the officer will advise the driver this is the case and obtain a sample at least sufficient for lab testing.
  • Should an officer screen a driver and the officer requires the driver to go with them to conduct an evidential blood test or complete a compulsory impairment test, then the above processes do not apply.
  • Police may require a compulsory impairment test even after a saliva screening test is taken.
Offences and penalties for drug driving
  • If you drive while impaired by drugs (and your blood/saliva contains a qualifying drug), first or second offences can mean up to 3 months’ prison or a fine up to $4,500, plus at least 6 months’ disqualification.
  • More serious or repeat offences can carry longer imprisonment, heavier fines, and longer licence suspensions.
  • If a crash causes injury or death while drug impaired, the penalties are far more severe.
What to know
  • After a positive saliva screening test is conducted and the result is positive, you can ask for a lawyer before evidential tests occur.
  • You may also request independent analysis of your blood sample. Early legal advice is critical.
Common pitfalls to avoid
  • Don’t assume prescription drugs are “safe” for driving. If they are qualifying drugs, they could trigger charges.
  • Don’t refuse testing immediately without legal advice. But don’t blindly consent either.
  • Don’t downplay or ignore testing consequences. Even a first offence can be criminal.
  • Avoid speaking to Police in detail without a lawyer. What you say can influence their decision to charge you and be used against you at a later date.
How a defence lawyer can help
  • We can examine whether the impairment test and sample collection were done properly.
  • We can research medical defences: for instance, prescribed medication defence, if you’ve taken drugs to legitimate instructions.
  • We can negotiate licence outcomes, challenge technical mistakes (testing calibration, chain-of-custody), or apply for minimised penalties.
  • A robust defence can also reduce long-term impact on your driving record, employment and life.

If you’re facing drug driving charges and need an Auckland criminal lawyer, contact Bloem Law.