News and Publications

Consequences of Drink Drive

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The Auckland Times
May 2011

by: RAJ PARDEEP SINGH, BA (Hons), LLB

Blood Alcohol Levels (BAC)

There are 2 ways of assessing the alcohol limit for driving.  
• Breath - Breath testing measures the number of micrograms of alcohol (mcgs) per litre of breath;
• Blood - Blood testing measures the number of milligrams of alcohol (mgs) per 100 milliliters (mls) of blood.
Although the measures appear different, they are essentially the same.  They both measure the same level of alcohol for drink driving purposes.

Breath testing is used for both screening and evidential purposes.  Blood testing can be used as a check on the accuracy of the breath testing.  The Police can require a blood test if the person refuses to do a breath test.

Current Legal Limits

•Drivers under 20 years - 150mcg breath or 30mg blood;
•Drivers over 20 years - 400mcg breath or 80mg blood.

If you are driving over the current legal limit of alcohol, then there are consequences to it.

Penalties

For the First or Second Offense the accused will be charged and convicted with :

  • A conviction and permanent record;
  • Usually at least six months disqualification;
  • Up to three months in jail but its very unlikely on a first or second drink drive offense;
  • A fine of up to $4,500 - but with a first offense usually figure on a dollar per point. For example you blew a reading of 600 - expect a fine of around $500
  • Court costs - usually $130
  • Possibly community work

For the Third (or more) Offense - "three strikes", the accused will be charged with:

  • A conviction and permanent record thereof;
  • Usually at least 12 months disqualification;
  • Up to two years in Jail;
  • A fine of up to $6,000;
  • Court costs - the least of your problems; and
  • Possibly community work - if you're lucky

Note:

  • Different penalties apply to people aged under 20 years old.
  • The date(s) of previous convictions can make a big difference and you may be facing extra penalties still. For example if you've had a particularly high reading or a refusal within the last five years or you're charged with either of those offenses this time (having had an ordinary EBA less than five years ago) then you're facing "indefinite disqualification".

For criminal case queries please contact the writer at (64 9) 358 1900 . Author is working as barrister and solicitor for Kenton Chambers Lawyers.