Drink-driving process and penalties in New Zealand
Police may require a breath screening test. An adult result over 250 can lead to an evidential process. For age 20+, 251–400 breath or 51–80 blood is the lower excess band and can mean a fine plus 50 demerit points; over 400 breath or 80 blood can lead to criminal charges, disqualification and an immediate 28-day suspension. Under-20 drivers have a zero limit and different bands. Follow the actual notice and get legal advice for a charge.
Drink-driving enforcement can produce several documents with different effects: a screening result, an evidential result, an infringement, an immediate suspension notice, a summons or a court order. Do not compress them into “I paid the ticket” or “my court date is later”. Read each document and its effective date.
Screening and evidence
Police use roadside breath screening. Police guidance says that for a driver aged 20 or over, a screening result above 250 micrograms per litre can lead to an evidential breath test, commonly at a booze bus or police station. Blood testing can arise in circumstances defined by law and the instructions given at the time.
This page cannot tell whether a particular device, procedure or sample was valid. Preserve the paperwork and obtain legal advice quickly if a criminal charge or licence suspension is involved.
The adult bands
For age 20 or over, a breath result of 251–400 or blood result of 51–80 is the lower excess band. NZTA states it can produce a $200 infringement and 50 demerit points. Above 400 breath or 80 blood, criminal charges and court-imposed consequences can apply, including disqualification, fines or imprisonment according to the offence history and harm.
Under-20 drivers have a zero limit and separate enforcement bands. Do not apply the adult threshold to a younger driver.
If a suspension notice has been served, do not drive because you have paid money, lodged a query or expect a later hearing. None of those facts automatically pauses the notice. Follow its terms and get advice about any challenge.
What to do now
Arrange safe transport. Photograph or scan every page of the documents, note the time and place, and keep payment receipts or correspondence. Check whether the licence itself was surrendered and how any vehicle impound process is handled separately.
For an infringement, use the issuing authority's official response route. For a criminal charge, contact a lawyer or Community Law promptly. For the licence effect, read the suspension guide alongside the actual notice; general web content cannot override it.
Frequently asked questions
What happens after a positive breath screening test?
Is drink driving always a court charge?
Can my licence be suspended immediately?
Can KiwiVehicle tell me how to defend a charge?
Sources and verification
- NZ Transport Agency Waka Kotahi. Alcohol and drug limits, checked 2026-08-12.
- New Zealand Police. Being safe on the road — alcohol limits and breath testing, checked 2026-08-12.
Checked against the sources above. If something has changed, tell us.