Drink driving in New Zealand carries severe consequences, and imprisonment is a definite possibility. The penalties depend heavily on the severity of the offence, as measured by your blood alcohol content (BAC) and any aggravating factors involved. This post will explore the potential jail time and other penalties you might face.
What is the legal BAC limit in New Zealand?
The legal blood alcohol limit for drivers in New Zealand is zero for drivers under 20 years old and 50 milligrams of alcohol per 100 millilitres of blood (50 mg/100ml) for drivers over 20. This is equivalent to 250 micrograms of alcohol per litre of breath (250 mcg/L). Exceeding this limit, even slightly, can result in significant penalties.
What are the penalties for drink driving in New Zealand?
Penalties for drink driving range from fines and license suspensions to imprisonment, depending on your BAC and any other factors considered by the court.
- Low BAC Offences (slightly over the limit): These might result in fines, license suspensions, and possibly participation in alcohol rehabilitation programs.
- High BAC Offences (significantly over the limit): These often lead to more substantial fines, longer license suspensions, and potentially jail time. The higher your BAC, the greater the likelihood of imprisonment.
- Aggravating Factors: These can significantly increase the severity of the penalties. Aggravating factors include:
- High BAC levels: Significantly above the legal limit.
- Previous drink-driving convictions: A history of drink-driving offences greatly increases the chance of imprisonment.
- Driving recklessly or dangerously: Driving at high speed, causing an accident, or endangering others.
- Refusal to provide a breath or blood sample: This is considered a serious offence in itself.
- Presence of children in the vehicle: This significantly increases the severity of the offence.
What is the likelihood of going to jail for drink driving in NZ?
While not every drink-driving offence results in jail time, it's crucial to understand the risks. For high BAC offences, particularly with aggravating factors, imprisonment is a real possibility. The judge will consider the circumstances of the offence and your personal history when determining the appropriate sentence. First-time offenders with a relatively low BAC might receive a fine and license suspension, but repeat offenders or those with high BACs face a much higher chance of imprisonment.
How long could I go to jail for drink driving in NZ?
The maximum penalty for drink driving in New Zealand is two years imprisonment. However, the actual sentence depends on the individual case. First-time offenders with low BAC levels are unlikely to face jail time, while repeat offenders or those with exceptionally high BACs could face significant jail sentences approaching the maximum.
Can I get my license back after a drink driving conviction?
After a drink-driving conviction, regaining your license typically involves a period of disqualification, followed by undergoing a graduated licensing process. This might include taking a driver improvement course, installing an alcohol interlock device in your vehicle, and demonstrating safe driving habits. The length of the disqualification period depends on the severity of the offence.
What should I do if I've been charged with drink driving in New Zealand?
If you have been charged with drink driving, it is crucial to seek legal advice immediately. A lawyer specializing in traffic offences can explain your rights and help you navigate the legal process. Do not attempt to represent yourself in court; the penalties are too significant to risk doing so.
This information is for general guidance only and does not constitute legal advice. Always consult with a legal professional for advice specific to your situation.
