In order to have the interlock removed (after a minimum of 12 months), the offender has to have at least six months worth of clean data, i.e. This is a question we are often asked. The first issue always considered is whether there is a defence to the charge. Drink driving offences are around 25% of all first-time court cases. Drink driving If the court convicts you for driving offences involving alcohol, you can be given an alcohol interlock sentence or a zero alcohol sentence. Safety. There may also be any number of personal consequences. The legal limit for those under the age of 20 is zero. 4) Once the interlock is removed the drink driver is subject to a zero alcohol licence for three years. The following table shows the maximum penalties that may apply for a first time drink driving offence: Blood/breath alcohol concentration (BAC) Licence disqualification Maximum fine amount Maximum term of imprisonment; Over 0.00, but under 0.05 BAC (learner, probationary or provisional licences, and drivers of particular motor vehicles) For subsequent offences, they will be banned from driving for life - the first time that such a ban is specified for offences under the Road Traffic Act, if the changes come to pass. Prior to December 2014, the maximum allowable level of alcohol (the legal limit) while driving was 400 micrograms of alcohol per litre of breath or 80 milligrams of alcohol per 100ml of blood. John Price Associate director at TTC Group Drink drive rehabilitation course providers. Jerome Dehar's breath alcohol level was so high the first time drink driving offender has been ordered to have an alcohol interlock device installed on his vehicle. Employment difficulties ranging from an inability to perform a current job to missing prospective jobs, due to the conviction affecting work criteria or reflecting adversely on your character. Change ), You are commenting using your Facebook account. In other words the Judge will take into account how serious the offence was, so for example if you drove drunk, had a car accident and put a few people in Middlemore hospital as a result of your drunk driving, then that would be far more serious than a simple drink driving offence where you were stopped at a police check point. The official New Zealand road code. liable on conviction to be punished as if the offence charged were an offence for drink driving), with the same penalties, set out below. Drink driving is a serious criminal offence that can lead to a driving ban, a fine and a criminal record, to name but a few of the possible consequences. Much more likely t9 be a community penalty In effect, a zero licence for adults temporarily imposes the same legal limit as that which permanently applies to all teenagers – zero. Wisconsin is the only US state that treats a first-time drunken driving offence as a civil violation, not a crime. This will be coupled with a significant fine (currently $581). Any sentence for a drink drive offence in England and Wales carries a mandatory disqualifiaction of at least 12 months. See … Planning and investment. 2) The device then remains on the vehicle for a minimum of 12 months – but allows the offender to drive provided there is no alcohol on their breath when they start the car. Further information about the drink driving reforms for low range offences can be found on the Roads and Maritime Services website. On a third or subsequent conviction for excess breath or blood alcohol the maximum penalty increases to 2 years imprisonment or a fine up to $6,000.00, with mandatory disqualification of more than 1 year (unless special reasons or certain other provisions apply). Yes. I am a first time offender for drink driving in new zealand (I hold an NZ passport). For a first or second offence, the mandatory period of disqualification is a minimum of six months, although for a second offence, the drink driver is likely to be disqualified for nine months or a year. The number of charges and number of people charged and convicted of driving while under the influence of alcohol and/or drugs. Alcohol interlock and zero alcohol licences Walking, cycling and public transport. An excess alcohol infringement offence may compound other factors or be the “last straw on the camel’s back” in terms of collateral consequences highlighted by the podcast referred to in the personal consequences section below. The answer is yes for driving offences involving excess breath alcohol over 400; excess blood alcohol over 80; youth breath alcohol over 150 and blood alcohol over 30; refusing a blood test; driving while incapable; drug driving offences, interlock and zero alcohol licence offences; and, certain other related offences. Much more likely t9 be a community penalty . Credit difficulties ranging from vetting delays, restrictions on borrowing, to loans being declined. For many driving offences, you’ll … The judge must impose a zero licence when a person is convicted of drink driving twice within five years. The law also allows the court to order different sentences to those above, such as community work, supervision, intensive supervision, judicial monitoring, community detention and home detention. The actual penalty you get is up to the magistrates who hear your case, and depends on your offence. If it’s your first offence, you’ll typically have to pay a fine in proportion to how far over the limit you are. ( Log Out /  For example, previous traffic offending and/or current demerits might prevent an offender from receiving diversion for a careless driving offence. This is explained in detail in the blog titled, First-Time Drinking & Driving Offenders in Ontario. Scooter and motorcycle drivers convicted of first time DUI offenses will be subject to a fine between NT$15,000 and NT$90,000. International travel difficulties ranging from transit delays with immigration or customs officials, exclusion from visa waiver programmes, to total prohibition on entry to other countries. Quick Read . Report bad driving. Third and subsequent offences. The judge has the option of sentencing an offender to have an interlock installed  if they have two convictions within five years and, for one of those convictions, the drink driver was twice the legal limit. ( Log Out /  Traffic Offences. New Zealand Transport Agency website (external link) If you’re eligible for a clean slate, your criminal record will be concealed under the Clean Slate scheme. An interlock is a breath operated device that can be installed in a drink driver’s vehicle to prevent them starting the car if they have alcohol on their breath. Contact lawyer Alistair Haskett on 0800 DRINK DRIVE LAWYER. First & second offences. Review excessive penalties for first-time drink-driving offence — KLSCAH Monday, 10 Aug 2020 03:32 PM MYT AUGUST 10 — The Bill to amend the Road Transport Act tabled by Transport Minister Datuk Seri Wee Ka Siong recently went through with its first reading. first let me say 2 things:-i have not been drink driving, i don't even have a full driving licence so no lectures on what a terrible person i am please.-i know what the maximum penalties are for a single drink drive offence within 10 years, but i have read that these penalties are usually lower for a first offender particularly one who was only a teeny bit over the limit Work visa, residency or other immigration status difficulties for non-citizens in New Zealand or for kiwis planning on working or living overseas. What Are the Consequences for A Subsequent Offence? Report unsafe or risky driving — the driver will be contacted by Police if they can be identified, but they will not be charged or fined. For those convicted for a third or subsequent offence, judges must disqualify them for more than one year. A drink driving conviction will usually result in a driving ban, initially twelve months for a first offence. The penalties in such cases are severe. For example, previous traffic offending and/or current demerits might prevent an offender from receiving diversion for a careless driving offence. First or Second Drink Driving Offence. These drink driving infringement offences attract 50 demerit points and may have adverse consequences in terms of your drivers licence, employment, insurance, travel and immigration. You can get a report on these from the New Zealand Transport Agency. See also: How to get your licence back after an indefinite disqualification. Community magistrates can sentence first-time drink-drivers and those on a second charge. If it was changed to drink driving, with a reading of 122 then IN THEORY it could be a custodial sentence, but IN PRACTICE this would be extremely unlikely for a first time offender. 4th offence – fine, prison for one year, lifetime loss of license with right to apply for new license in 7 years. Mandatory disqualification from driving for a minimum of 6 months for a first or second conviction and more than 1 year for a third or subsequent offence, although there are limited exceptions to this. The magistrates Court sentencing guidelines for a reading of between 36 and 50 in breath is a 12 - 16 month disqualifiaction, a fine of between 125% … Driving and Traffic Offences We have represented clients in cases involving the entire range of driving cases from drink driving offences nz wide to careless driving, to motor vehicle manslaughter. It is not mandatory. Driving safely. Driving offences and penalties: disqualifications and suspensions — 4 pages, 76 KB; Traffic and travel information. As a first-time offender, it is important that you know the correct procedure to follow and exactly how it may affect your future. Commercial driving. ... but IN PRACTICE this would be extremely unlikely for a first time offender. If you have historic convictions you will lose the benefit of the Criminal Records (Clean Slate) Act, meaning you cannot conceal the new or old convictions under that legislation for another 7 years (more applies). Licensing or standards issues under government regulations, industry guidelines or fit and proper person rules. You also must be disqualified from driving for a minimum period of six months. What if you have one or more DUI convictions on your record? If you are found to have an alcohol level above this level, you are looking at receiving a criminal conviction if you plead or are found guilty. Affordable Court Appearance Fee. If you are convicted of a third or subsequent offence, you will be disqualified from driving for more than one year and either fined up … A 28 day stand down period after disqualification before a limited licence can be applied for and the possibility that a limited licence would not be granted if the threshold test cannot be met. In such cases, judges usually impose a  disqualification of one year and one day – which means they have to resit their licence. Office Appointment. 1) Before the interlock is installed, the drink driver has to be disqualified from driving for three months first. In addition to disqualification, judges may also impose a fine or imprisonment, although prison is rarely imposed unless there are aggravating circumstances. Repeat offenders face fines of between $5,000 and $20,000 and up to 2 years’ jail. demerit points and driver licence suspensions. If you are convicted of a first drink driving offence where your breath count exceeded 800 or your blood count exceeded 160; you will be facing a mandatory alcohol interlock sentence instead of the usual six month minimum disqualification. Usually it will be one or two weeks away. As from 1 December 2014, the legal limit was reduced to 250 (for breath) and 50 (for blood). Driver licences. Here is a summary of the main drink driving offences in the Land Transport Act 1998: Driving or attempting to drive with breath alcohol levels exceeding the adult limits (BrAC over 400 is a criminal offence; whereas BrAC over 250 but not over 400 is an infringement offence). I am returning to australia to work and live (have a house) and was wanting to know if I can drive there as in NZ I have lost my license for 6 months. Drink driving is a criminal offence and the penalties for drink driving and related offences in the UK are severe.One of the most important factors that determine the severity of the sentence that magistrates will impose for drink driving offences is the level of alcohol in an offenders system at the time of the offence. Whether drink drivers are sent to prison largely depends on where they live. New Democratic Governor Tony Evers says he's open to criminalising first offences. Driving with excess breath or excess blood levels of alcohol above the old limits remains a criminal offence. For those convicted for a third or subsequent offence, judges must disqualify them for more than one year. Drink driving is a criminal offence that carries an obligatory driving disqualification of a minimum period of 12 months as laid out by the Road Traffic Offenders Act 1988 section 34(1). Alternatively a clean driving record would greatly improve the chance of getting diversion. An alcohol interlock is an electronic device that prevents you from using your vehicle if a sample of your breath contains alcohol. A driver aged 20 or older commits an offence if they drive with alcohol levels exceeding 400 micrograms for every litre of breath (40mcg/l) or 80 milligrams for every 100 millilitres of blood (80mg/100ml) - a blood alcohol concentration of 0.08. With more people on the anti-drink-driving devices, more are breaking the rules that come with them. First & second offences. A drink driving endorsement will stay on your licence for a period of up to 11 years from the date of conviction. For being over the breath-alcohol limit, the dollar amount of the fine will usually be the same as your breath-alcohol level – for example, for breath-alcohol of 500 mcg (100 mcg over the limit), you’ll be fined $500, for 600 mcg you’ll be fined $600, and so on. A zero licence means the offender is allowed to drive, but not with any alcohol in their system – for three years. The New Zealand Police point out it is safest not to drink and drive at all. For a first or second offence, the mandatory period of disqualification is a minimum of six months, although for a second offence, the drink driver is likely to be disqualified for nine months or a year. A conviction and permanent record thereof; Usually at least six months disqualification; Up to three months in jail – don’t worry though in most parts of the country jail would be a highly unusual outcome on a first or second drink drive offence… 1 Feb, 2013 6:41pm. If you are going to drink, it is best not to drive. The Land Transport Act 1998 sets out New Zealand's drink-driving laws. Repeated or serious drink/drug driving: Heavier penalties Penalties for third conviction. How long is a ban for drink driving? The legal consequences of an excess alcohol criminal conviction are likely to depend on the seriousness of the offending, such as the level of intoxication and nature of driving, whether it is your first or subsequent offence, whether and when a guilty plea is entered, your personal circumstances and other relevant factors: Here are core penalties or orders for drink driving and related offences that do not involve injury or death: Or call Alistair Haskett now on 0800 DRINK DRIVE LAWYER (0800 374653) or 0800 ROAD LEGAL (0800 762353), or email your enquiry to lawyer@drinkdrivelaw.co.nz. Enter your email address to follow this blog and receive notifications of new posts by email. Change ). The personal consequences of a criminal conviction, or the conviction on top of other factors, may include: Take some time to open this link and listen to the interesting podcast on How a Debt to Society can come with Interest. 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