If it’s your first offence, you’ll typically have to pay a fine in proportion to how far over the limit you are. If you accumulate 100 or more demerit points in any two-year period, your licence can be suspended for three months. Insurance difficulties ranging from vetting delays, harsh exclusion clauses, increased premiums, to insurance being declined. Change ). “Parliament passed amendments to the Road Traffic Act in July [2019], one of which was to increase the penalties to deter irresponsible and dangerous driving: We have doubled the penalties for driving under the influence of alcohol, where a first-time offender can now face up to a year in jail and/or a fine between $2,000 to $10,000 and be disqualified from driving for at … Fines and penalties. Here are core penalties or orders for drink driving and related offences that do not involve injury or death: The maximum penalty for a first or second conviction for excess breath alcohol (BrAC over 400) or excess blood alcohol (BAC over 80) is 3 months imprisonment or a fine up to $4,500.00, and mandatory disqualification for at least 6 months (unless special reasons or certain other … Drink driving If the court convicts you for driving offences involving alcohol, you can be given an alcohol interlock sentence or a zero alcohol sentence. An excess alcohol infringement offence may compound other factors or be the “last straw on the camel’s back” in terms of collateral consequences highlighted by the podcast referred to in the personal consequences section below. In some circumstances indefinite disqualification, zero alcohol licence orders and permanent confiscation of your car may apply. 1st offence – fine & community service, no drive 2 years. Penalty ranging from a fine, community work, community detention, home detention to imprisonment, although in some cases a discharge with or without conviction or an order to come up for sentence is made. Drink Driving Charges. Drink driving is a serious criminal offence that can lead to a driving ban, a fine and a criminal record, to name but a few of the possible consequences. demerit points and driver licence suspensions. What if you have one or more DUI convictions on your record? Alcohol interlock and zero alcohol licences Third and subsequent offences. Judges are required to disqualify the offender indefinitely if they incur three convictions for drink driving within five years; or, if they have two convictions within five years and, for one of those convictions, the drink driver was more than twice the legal limit (over 1000 micrograms of alcohol per litre of breath to be precise). Third and subsequent offences. Employment difficulties ranging from an inability to perform a current job to missing prospective jobs, due to the conviction affecting work criteria or reflecting adversely on your character. This is a question we are often asked. If you pay an infringement fee relating to the new adult limits for breath alcohol (BrAC over 250 but not over 400) and blood alcohol (BAC over 50 but not over 80) you will be deemed to have committed an infringement offence. The New Zealand Police point out it is safest not to drink and drive at all. Affordable Court Appearance Fee. Drink-driving limits in New Zealand. The legal consequences of an excess alcohol criminal conviction are likely to depend on the seriousness of the offending, such as the level of intoxication and nature of driving, whether it is your first or subsequent offence, whether and when a guilty plea is entered, your personal circumstances and other relevant factors: Here are core penalties or orders for drink driving and related offences that do not involve injury or death: Or call Alistair Haskett now on 0800 DRINK DRIVE LAWYER (0800 374653) or 0800 ROAD LEGAL (0800 762353), or email your enquiry to lawyer@drinkdrivelaw.co.nz. first let me say 2 things:-i have not been drink driving, i don't even have a full driving licence so no lectures on what a terrible person i am please.-i know what the maximum penalties are for a single drink drive offence within 10 years, but i have read that these penalties are usually lower for a first offender particularly one who was only a teeny bit over the limit The penalties in such cases are severe. The following table shows the maximum penalties that may apply for a first time drink driving offence: Blood/breath alcohol concentration (BAC) Licence disqualification Maximum fine amount Maximum term of imprisonment; Over 0.00, but under 0.05 BAC (learner, probationary or provisional licences, and drivers of particular motor vehicles) First & second offences. Wisconsin is the only US state that treats a first-time drunken driving offence as a civil violation, not a crime. A drink driving endorsement will stay on your licence for a period of up to 11 years from the date of conviction. Query Information. The judge has the option of sentencing an offender to have an interlock installed  if they have two convictions within five years and, for one of those convictions, the drink driver was twice the legal limit. The actual penalty you get is up to the magistrates who hear your case, and depends on your offence. The Land Transport Act 1998 sets out New Zealand's drink-driving laws. Land Transport Act 1998, ss 56(4), 57(3), 58(3), 60(3) If you’re convicted for a third or further time of driving over the adult alcohol limits of 400 mcg breath-alcohol or 80 mg blood-alcohol, or of one of the other main drink/drug driving offences, the penalties are heavier: Only $230 incl GST (Auckland). I am a first time offender for drink driving in new zealand (I hold an NZ passport). Enter your email address to follow this blog and receive notifications of new posts by email. Doyle, on his fifth drink-driving conviction, was sentenced to 250 hours community work, disqualified from driving for 12 months and ordered to attend the One for the Road Programme. 4th offence – fine, prison for one year, lifetime loss of license with right to apply for new license in 7 years. Magistrates Sentencing Guidelines. Driving offences and penalties: disqualifications and suspensions — 4 pages, 76 KB; Traffic and travel information. The number of charges and number of people charged and convicted of driving while under the influence of alcohol and/or drugs. If you are under 20, the alcohol limit for drivers is zero. Query Information. For adults, driving with alcohol levels between the new and the old levels incurs 50 demerit points and a $200 fine. However, under certain conditions, the judge has to disqualify the offender indefinitely (see below). For example, our review of the NZTA website in 2015 revealed information on it that is plainly wrong and misleading. Inability to apply for a limited licence in other specified circumstances, which includes having previous convictions for specified types of traffic offences committed within five years of the date of the current offence. Alternatively a clean driving record would greatly improve the chance of getting diversion. Vehicles. As a first-time offender, it is important that you know the correct procedure to follow and exactly how it may affect your future. For many driving offences, you’ll … Driving and Traffic Offences We have represented clients in cases involving the entire range of driving cases from drink driving offences nz wide to careless driving, to motor vehicle manslaughter. Drink driving is a criminal offence and the penalties for drink driving and related offences in the UK are severe.One of the most important factors that determine the severity of the sentence that magistrates will impose for drink driving offences is the level of alcohol in an offenders system at the time of the offence. Driving safely. Young people that appear in court on a traffic offence have very high reoffending rates within 5 years. For a first or second offence, the mandatory period of disqualification is a minimum of six months, although for a second offence, the drink driver is likely to be disqualified for nine months or a year. Driving after consuming even one drink can lead to a drink-driving charge. How long does a drink driving endorsement stay on my driving licence? This will be coupled with a significant fine (currently $581). The maximum penalty for a first or second conviction for excess breath alcohol (BrAC over 400) or excess blood alcohol (BAC over 80) is 3 months imprisonment or a fine up to $4,500.00, and mandatory disqualification for at least 6 months (unless special reasons or certain other provisions apply). First & second offences. Child custody and other parental rights being affected, in either current circumstances or should any future family relationship issue arise (where character and safety issues may be raised). A 3 year zero alcohol licence order in some cases, which means you must have no alcohol in your system when driving. Certain driving offences incur demerit points. This lack of consistency in sentencing is remarkable: academics at Victoria University have found that in areas like Hawkes Bay, drink drivers are up to 12 times more likely to be sent to prison than in metropolitan areas. What are the Maximum Penalties for Drink-Driving? Scooter and motorcycle drivers convicted of first time DUI offenses will be subject to a fine between NT$15,000 and NT$90,000. In New Zealand, the alcohol limit for drivers aged 20 years and over is 250 micrograms (mcg) of alcohol per litre of breath and the blood alcohol limit is 50 milligrams (mg) per 100 millilitres (ml) of blood. The answer is yes for driving offences involving excess breath alcohol over 400; excess blood alcohol over 80; youth breath alcohol over 150 and blood alcohol over 30; refusing a blood test; driving while incapable; drug driving offences, interlock and zero alcohol licence offences; and, certain other related offences. If you are found to have an alcohol level above this level, you are looking at receiving a criminal conviction if you plead or are found guilty. 1 Feb, 2013 6:41pm. I am a first time offender for drink driving in new zealand (I hold an NZ passport). If a conviction is entered on those types of offences you will have a criminal record. Change ), You are commenting using your Facebook account. The first issue always considered is whether there is a defence to the charge. The maximum penalty for first time offenders is 3 months prison or a $4,500 fine and a loss of drivers licence for at least 6 months. For those convicted for a third or subsequent offence, judges must disqualify them for more than one year. The criminal drink driving limit for drivers aged over 20 years in New Zealand is 400mg/l of breath alcohol or 80mg/100ml of blood alcohol. ( Log Out /  I am returning to australia to work and live (have a house) and was wanting to know if I can drive there as in NZ I have lost my license for 6 months. Driver licences. 3) The device records data for every attempted start the offender makes – revealing whether or not the offender has been attempting to start the car while under the influence of alcohol. ( Log Out /  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. As from 1 December 2014, the legal limit was reduced to 250 (for breath) and 50 (for blood). For those convicted for a third or subsequent offence,  judges must disqualify them for more than one year. For those convicted for a third or subsequent offence, judges must disqualify them for more than one year. Usually it will be one or two weeks away. John Price Associate director at TTC Group Drink drive rehabilitation course providers. The exact time period an endorsement will remain on your driving licence for will depend on which particular drink driving related offence you are convicted of. 4) Once the interlock is removed the drink driver is subject to a zero alcohol licence for three years. 3rd offence – fine, prison for 6 months, no drive 5 years. If it was changed to drink driving, with a reading of 122 then IN THEORY it could be a custodial sentence, but IN PRACTICE this would be extremely unlikely for a first time offender. See … liable on conviction to be punished as if the offence charged were an offence for drink driving), with the same penalties, set out below. The consequences of a criminal conviction or even an infringement may extend well beyond the actual sentence or fine. The report does not make policy conclusions, but the information draws attention to areas where it … Under Section 4 of the Road Traffic Act 2010 there are 4 separate drink driving offences. A conviction and permanent record thereof; Usually at least six months disqualification; Up to three months in jail – don’t worry though in most parts of the country jail would be a highly unusual outcome on a first or second drink drive offence… This is explained in detail in the blog titled, First-Time Drinking & Driving Offenders in Ontario. 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