Drink&DrugDrivingCharges
Defence for drink driving, drug driving, and excess breath/blood alcohol charges in Auckland courts.
How we can help
Drink driving and drug driving charges are among the most common criminal offences dealt with in New Zealand courts, and a conviction can have serious consequences including licence disqualification, heavy fines, community work, and even imprisonment for repeat or high-level offences. Under the Land Transport Act 1998, it is an offence to drive with a breath alcohol level exceeding 250 micrograms per litre of breath or a blood alcohol level exceeding 50 milligrams per 100 millilitres of blood. Separate offences exist for driving under the influence of drugs.
At Indus Legal, our lawyers in Auckland have extensive experience defending clients charged with excess breath or blood alcohol, driving under the influence of drugs, refusing to provide a blood or breath specimen, and third or subsequent drink driving offences (which carry mandatory imprisonment provisions). We carefully analyse the evidence in every case, including the calibration and operation of testing devices, the procedures followed by police, and any medical or procedural factors that may provide a defence or grounds for a reduced charge.
We understand that many of our clients are first-time offenders who made a single mistake, and the impact on their licence, career, and daily life can be severe. We work to achieve the best possible outcome, whether that is having the charge reduced or dismissed, obtaining a discharge without conviction, or minimising the period of disqualification. If you have been charged with a drink or drug driving offence in Auckland, Manukau, South Auckland, or Botany, contact us promptly to discuss your options.
What we help with
- Defence for excess breath alcohol and excess blood alcohol charges under the Land Transport Act 1998
- Drug driving and driving under the influence charges, including oral fluid testing matters
- Refusal or failure to provide a breath or blood specimen
- Third or subsequent offence charges carrying mandatory imprisonment provisions
- Challenging evidential breath testing procedures, device calibration, and police processes
- Discharge without conviction applications to protect your record and employment
Frequently asked questions
What are the penalties for a first drink driving offence in New Zealand?
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For a first offence with a breath alcohol reading between 250 and 400 micrograms, you face a fine of up to $4,500 and a minimum six-month licence disqualification. Higher readings attract more severe penalties. The court also has discretion on the length of disqualification, and we work to keep this to the minimum period wherever possible.
Can I challenge a breath or blood test result?
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Yes. There are strict procedural requirements that police must follow when conducting evidential breath tests and blood tests under the Land Transport Act 1998. If the testing equipment was not properly calibrated, if the required observation period was not followed, or if correct procedures were not adhered to, we may be able to challenge the admissibility of the result or have the charge reduced.
Will I lose my licence if convicted of drink driving?
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A conviction for drink or drug driving in New Zealand carries a mandatory period of licence disqualification. The minimum period depends on the level of the reading and whether it is a first or subsequent offence. However, once disqualified, you may be eligible to apply for a limited licence to drive for work or essential purposes, and our team can assist with that application.
Ready to discuss your needs?
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