Key Areas Covered

  • Alcohol and drug driving limits
  • Demerit points and licence suspension
  • Disqualification and limited licences
  • Careless, dangerous and reckless driving
  • Driving causing injury or death
  • Alcohol interlock and zero alcohol licences

Common Questions

What are the drink driving limits in New Zealand?

For drivers aged 20 and over, the limits under the Land Transport Act 1998 are 250 micrograms of alcohol per litre of breath, or 50 milligrams of alcohol per 100 millilitres of blood. Between 250 and 400 micrograms the result is an infringement notice with a fine and demerit points rather than a criminal charge; above 400 micrograms of breath alcohol or 80 milligrams of blood alcohol the driver is charged with excess breath or blood alcohol. Drivers under 20 are subject to a zero-tolerance regime with far lower limits. A conviction for excess breath alcohol carries a mandatory minimum period of disqualification unless the court makes a specific order otherwise.

How do demerit points and licence suspension work in New Zealand?

Demerit points are recorded against a driver licence under the Land Transport Act 1998 for specified offences, with the number of points fixed by the offence. Accumulating 100 or more demerit points within any two-year period results in a three-month suspension of the licence. Points remain on the record for two years from the date of the offence, so they drop off progressively rather than all at once. Suspension for demerit points is separate from disqualification imposed by a court on conviction, and the two can run together.

What is the difference between careless and dangerous driving in New Zealand?

The distinction is one of degree and it determines the penalty. Careless driving under the Land Transport Act 1998 is driving without the care and attention a reasonable driver would exercise, and is assessed objectively. Dangerous driving requires driving in a manner that is dangerous to the public, judged against the circumstances including the amount of traffic and the nature of the road, and is a materially more serious charge. Where careless or dangerous driving causes injury or death the maximum penalties increase substantially and disqualification is generally mandatory. Because the charge turns on the manner of driving rather than the outcome alone, the evidence about how the vehicle was being driven is usually decisive.

Can I still drive if I am disqualified in New Zealand?

Not unless the court grants a limited licence. A disqualified driver who drives commits a further offence carrying its own penalties, including a longer disqualification. A limited licence may be granted by the court to allow driving for defined purposes — typically employment or hardship-related needs — subject to conditions on times, routes and vehicles, and it is not available for every offence or during a mandatory stand-down period. Drivers convicted of certain repeat or high-level alcohol offences may be subject to an alcohol interlock sentence, followed by a zero alcohol licence.

This page summarises New Zealand legislation for research purposes. It is not legal advice and does not create a lawyer-client relationship. Statutory provisions change — always check the current text of the Act.