Drink driving (EBA / excess breath or blood alcohol)
A drink-driving charge can cost you your licence, your job and a lot of stress. Knowing your options early - including a limited licence - can make a real difference.
This page is general information, not legal advice about your situation - every case turns on its own facts.
What this charge means
Drink driving is charged under the Land Transport Act 1998. Whether it's an infringement or a criminal charge depends on the reading:
- Breath 250–400 µg/L (or blood 50–80 mg): an infringement - a fee and demerit points, generally no conviction.
- Breath over 400 µg/L (or blood over 80 mg): a criminal charge.
Related charges include refusing to give a blood specimen, driving under the influence (DIC), and aggravated or repeat offending.
Speak to a lawyer early. Drink-driving cases very often turn on whether the police followed the detailed statutory procedures correctly - the testing process, the devices used, and the rights advice given. Because that compliance is where much of the litigation happens, getting advice early, before anything is conceded, can be decisive.
Penalties & likely outcomes
| Offence | Maximum penalty |
|---|---|
| First or second offence (EBA) | Up to 3 months' imprisonment + mandatory disqualification (6 months or more) |
| Third or subsequent offence | Up to 2 years' imprisonment + disqualification (1 year or more), and possible indefinite disqualification |
| Refusing to give a blood specimen | Treated seriously - carries disqualification |
Disqualification is mandatory on conviction, and a court can also order court costs, which vary from case to case. Repeat offenders can face indefinite disqualification under the Act; in limited circumstances a court may impose a community-based sentence instead of disqualification (a section 94 substitution), though for repeat offenders that is not easily obtained. After a stand-down period there may be eligibility for a limited (work/hardship) licence, or an alcohol interlock licence for higher readings or repeat offending. These are indicative outcomes only and current legislation should be checked.
Possible defences
- Procedural errors in how the breath/blood testing process was carried out.
- You were not the driver, or the vehicle was not being driven.
- Issues with the calibration or operation of testing devices.
- Challenging whether the statutory procedures and rights advice were followed.
The court process
Most drink-driving matters are dealt with in the District Court. Much of the work is in checking whether the police complied with the statutory testing and procedural requirements - which is why early advice matters. Where a conviction is likely, the focus shifts to minimising the consequences: the disqualification, an alcohol interlock or limited licence, or in the right case a discharge without conviction.
Reducing the consequences
- Applying for a limited licence to keep working after the mandatory stand-down period.
- The alcohol interlock licence pathway for higher readings or repeat offending.
- For repeat offenders, applying under section 94 for a community-based sentence in place of disqualification - available only in limited circumstances and not easily obtained.
- Seeking a discharge without conviction (s106) in appropriate cases.
Frequently asked questions
Will I lose my licence for drink driving?
On conviction, disqualification is mandatory - at least 6 months for a first or second offence. After a stand-down period you may be able to apply for a limited licence so you can keep working, depending on your circumstances.
Can I get a limited licence?
Often, yes - after the mandatory stand-down period and if you can show a limited licence is needed (for example, to keep your job). There are some exceptions, so get advice on your situation.
Can I avoid a conviction for drink driving?
It's difficult but not impossible. A discharge without conviction may be available where the consequences of a conviction would be out of all proportion to the offending. It depends heavily on your reading and personal circumstances.
What if I refused the blood test?
Refusing to give a blood specimen is a serious charge in its own right and usually carries disqualification. There are specific legal requirements around how the request is made - these are worth reviewing carefully.
I have previous drink-driving convictions - what changes?
Repeat offending is treated more seriously and can lead to longer or even indefinite disqualification, along with the alcohol interlock scheme. In limited circumstances a court may substitute a community-based sentence for disqualification under section 94, but for repeat offenders that is not easily obtained. This is general information - early advice on the particular situation is important.
Related pages
Charged with an offence? Speak to Luke Ameye, Barrister today.
Early advice protects your rights. Confidential, no-obligation initial discussion.