Drink Driving Charges

​If you are facing a charge of drinking and driving (driving with excess breath / blood alcohol), I can advise you on defending the charge or help you obtain a limited / work licence.  So that you are aware of all of your options, it is important to obtain competent legal advice as soon as possible.

The Police are required to follow a specific procedure when testing a driver for breath or blood alcohol. The procedure must be correctly followed to ensure your rights are not breached. If the Police have not followed the procedure correctly this can lead to the charge being dismissed. I can advise you as to whether you have a defence to the charge and what the likely penalty will be if you plead, or are found to be, guilty.
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How serious is drink driving?

In New Zealand drink driving is viewed as a serious offence. The penalties for drink driving vary depending on various factors, such as the alcohol reading and/or whether you have previous drink driving convictions. Sentences range from a fine and mandatory disqualification to home detention or imprisonment.

Be aware that in some situations the Police can apply to confiscate your vehicle. You may also face indefinite disqualification and/or a zero alcohol licence after disqualification ends. In some circumstances there is an option to apply for an alcohol interlock licence. This involves a breath test machine being connected to your vehicle’s ignition to prevent further drink driving.
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Positive Results

​I have successfully defended clients charged with drink driving. I have obtained positive outcomes for clients such as no disqualification, or avoiding a sentence of imprisonment, despite having multiple drink driving convictions.
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Frequently Asked Questions

• Are drink driving charges possible to defend?

  Yes, there are many possible defences available for drink driving charges.

• How can I reduce the penalties I am facing for drink driving convictions?

  If you are facing a drink driving charge it is wise to immediately enrol in alcohol counselling. This is particularly so where you are facing a third or subsequent charge where the maximum penalty increases from three months imprisonment to two years.

• Do drink driving charges led to criminal convictions?

  It depends on the level of alcohol. 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. 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.
  The new lower drink driving limit for drivers aged over 20 years is 250mg/l of breath alcohol or 50mg/100ml of blood alcohol. Drivers with alcohol levels between 251 – 400mg/l or 50 – 80mg/100ml commit an infringement offence. This results in a fine of $200 for breath alcohol or $700 for blood alcohol and 50 demerit points. No conviction is entered.

• What penalties am I looking at if charged with criminal driving drinking?

  The penalties for drink driving vary from a fine at one end of the spectrum to imprisonment at the other. Between these ends are community work, supervision (counselling), community detention (curfew and ankle bracelet), intensive supervision (intensive counselling) and home detention (24/7 curfew and ankle bracelet). Mandatory disqualification from driving is also imposed. The penalty depends on a number of factors including whether you have previous drink driving convictions, the level of alcohol in your system and the manner of driving at the time.

• How long does an alcohol interlock licence last for?

  You cannot drive for the first month of your disqualification. After this you can drive with the interlock device fitted to your vehicle. This will last for a minimum of 12 months.

Examples cases & successful outcomes

Drink Driving Case Example One:
Driving with excess breath alcohol charge. The Police located my client at his home after a motor vehicle accident. He was breath tested and blew almost twice the legal alcohol limit. The Police charged him with drink driving for the earlier driving. At the trial the Police could not show sufficient proximity between the time of the accident and when my client underwent the breath test. The client was found not guilty of drinking and driving.

Drink Driving Case Example Two:
Driving with excess breath alcohol third or subsequent charge. Client blew over 1000 mg of alcohol per 1 litre of breath. The Police alleged he crashed his car into his neighbour’s house. After presenting evidence to the Police that they could not prove the client drove the vehicle, the Police offered no evidence to the Court which resulted in the drink driving charge being dismissed.

Drink Driving Case Example Three:
Driving with excess breath alcohol third or subsequent charge. Client failed breath screening test. The officer allowed the client to drive his motor vehicle in the opposite direction to the Police station for approximately five kilometres. On the evidential breath test at the Police Station, my client blew over 700 mg of alcohol per 1 litre of breath. After discussing the case with the Police the charge was withdrawn.