Drink Driving Limits in New Zealand: Breath and Blood Alcohol Rules

New Zealand's drink driving limit for a driver aged 20 or over is 250 micrograms of alcohol per litre of breath, or 50 milligrams of alcohol per 100 millilitres of blood, a level often written as 0.05. For a driver under 20, the limit is zero, so any detectable alcohol can lead to a charge.

This is general information about New Zealand law, not legal advice. For your situation, consult a lawyer or your local Community Law centre.

The legal alcohol limits

For a driver aged 20 or over, it is illegal to drive with more than 250 micrograms of alcohol per litre of breath, or more than 50 milligrams of alcohol per 100 millilitres of blood. This is the figure most people mean when they say the limit is 0.05.

For a driver under 20, the limit is zero. If you are under 20 and drive with any measurable alcohol in your breath or blood, you can be charged with a drink driving offence, whatever the reading.

Infringement range versus criminal range

New Zealand's drink driving law splits into two tiers, and which one applies depends on how high the reading is.

For a driver aged 20 or over, a reading of more than 250 up to 400 micrograms of breath alcohol, or more than 50 up to 80 milligrams of blood alcohol, falls in the lower, infringement range. This is dealt with by an on the spot ticket and demerit points rather than a court appearance or a criminal conviction. A reading above 400 micrograms of breath alcohol, or above 80 milligrams of blood alcohol, moves into the criminal range and is prosecuted in court.

For a driver under 20, a reading under 150 micrograms of breath alcohol, or under 30 milligrams of blood alcohol, is treated as an infringement, even though the legal limit itself is zero. A reading at or above that level is prosecuted in court, the same as the criminal range for an older driver.

Refusing an evidential breath or blood test

Failing or refusing to stay for an evidential breath test, or refusing to give an evidential blood test, is an offence in its own right, separate from the alcohol reading itself. It carries 50 demerit points, and depending on the circumstances it can also be prosecuted in court, with penalties in the same range as a criminal level drink driving conviction, including disqualification from driving.

Penalties

An infringement level reading brings an on the spot ticket and 50 demerit points, with no court appearance and no criminal conviction. A criminal level reading, a repeat offence, or a refused test is dealt with by the courts and can bring a fine, disqualification from driving, and, for the most serious cases, imprisonment, with heavier penalties for a third or later offence. Reaching 100 or more demerit points within any two year period, whether from drink driving or a mix of offences, leads to a three month licence suspension on top of any other penalty.

Related NZ driving law

For how demerit points build up and when a suspension follows, see our guide to demerit points in New Zealand. For the rest of New Zealand's road rules, visit the driving law section.