Blew over the limit in NZ? What actually happens next

12 September 2026

The screening device beeps, the officer asks you to step out, and suddenly you are wondering whether this is a fine, a court date or the end of your licence. Here is how it works, based on the law as it stands in September 2026.

The limits: adults and drivers under 20

If you are 20 or older, the limit is 250 micrograms of alcohol per litre of breath, or 50 milligrams of alcohol per 100 millilitres of blood ^[1].

If you are under 20, the limit is zero. Any alcohol at all in your breath or blood is an offence ^[1].

There is also a zero limit for anyone holding an alcohol interlock licence or a zero alcohol licence ^[1]. More on those below.

What happens at a checkpoint

Step 1: the screening test

A Police officer can require any driver to take a breath screening test without delay. They can also use a passive device, held near your mouth, to check whether there is any alcohol in your breath ^[1]. You have to stay where you are until the result is known ^[1].

Step 2: the evidential breath test

If the screening test suggests you are over 250 micrograms (or shows any alcohol at all if you look under 20), the officer can require you to go with them to a place where you can take an evidential breath test ^[1]. This is the test that counts. The same applies if you fail or refuse the screening test ^[1].

If you refuse the evidential breath test, you will be required to give a blood sample instead, and the officer must tell you that you may have to pay the blood test fee and medical costs ^[1].

Step 3: your right to a blood test

You do not always get to choose a blood test.

• If your evidential breath test is over 400 micrograms, you have 10 minutes after being told the result to elect a blood test ^[1].
• If you are under 20, or hold an interlock or zero alcohol licence, you also have that right ^[1].
• If your result is between 251 and 400 micrograms and you are 20 or older, you have no right to a blood test ^[1].

Infringement or criminal: it depends on the number

Since 1 December 2014, a low-level adult reading has been an infringement offence, not a criminal charge ^[1]. Above that, you go to court.

Also worth knowing:

• Refusing the evidential breath test and then giving blood that reads between 51 and 80 mg is an infringement with a $700 fee and 50 demerit points ^[1][2].
• Refusing a blood test altogether is a criminal offence with the same penalties as a first or second over-400 conviction ^[1].
• Third or subsequent offence: up to 2 years jail or a $6,000 fine, and disqualification for more than 1 year ^[1].
• If a court disqualifies you for 6 months or more, no demerit points are recorded for that offence ^[2].
• Demerit points add up. Reach 100 in any 2-year period and your licence is suspended for 3 months ^[3].

Losing your licence on the spot

For higher readings, the officer must suspend your licence at the roadside for 28 days, starting immediately, and take your physical licence ^[1]. This happens if:

• it is your first offence and you are over 650 micrograms of breath or 130 mg of blood ^[1]
• you have a conviction for a drink or drug driving offence in the last 4 years and you are over 400 micrograms of breath or 80 mg of blood ^[1]
• you fail or refuse to give a blood sample ^[1]

Alcohol interlocks: repeat and high-level offenders

An alcohol interlock is a device fitted to your car that you breathe into before starting it. If it detects alcohol, the car will not start, and you also have to give breath samples at random times while driving ^[4]. Your data is downloaded every month, which can move to every 2 months if you are complying ^[4].

A court must impose an alcohol interlock sentence if you are convicted of a qualifying drink driving offence and either ^[1]:

• you have a previous qualifying conviction for an offence committed within 5 years, or
• your reading was 800 micrograms or more of breath, or 160 mg or more of blood.

The court can decide otherwise only for special reasons relating to the offence, and some people are excluded, such as those who have a medical condition that stops them giving a valid breath sample or who have never held a New Zealand licence ^[1].

How it plays out:

1. You are disqualified for a period that is at least 28 days, and longer if other periods apply, such as a roadside suspension ^[1].
2. You can then apply for an alcohol interlock licence and may only drive vehicles fitted with a device ^[1].
3. After at least 12 months on the interlock, with a clean record for the previous 6 months (or 3 months if you have been assessed as fit to drive), you can apply to move to a zero alcohol licence ^[1].
4. The zero alcohol licence lasts for 3 years ^[1].

Indefinite disqualification

For some repeat offenders, the court must disqualify you indefinitely and require you to attend an assessment centre. This applies to a third offence within 5 years, or a second offence within 5 years where one of the offences was over 1,000 micrograms of breath or 200 mg of blood, or involved refusing a blood test ^[1]. If an interlock sentence is ordered, it replaces this indefinite disqualification ^[1].

After a court disqualification: can you get a limited licence?

A limited licence lets you drive only for specific purposes, at set times, in a set vehicle. A court can grant one if the disqualification causes extreme hardship to you or undue hardship to someone else, and it is not contrary to public safety ^[1].

Not everyone disqualified for drink driving can apply. Under the law you cannot apply if ^[1]:

• you are subject to an alcohol interlock sentence, or would have been but an exception applied
• you are indefinitely disqualified for repeat offending
• your drink or drug driving offence was committed within 5 years of another such offence from a different incident

Even if you are eligible, for an alcohol offence a limited licence cannot take effect until at least 28 days after your disqualification starts ^[1]. So in practice, it is mostly first-time offenders under 800 micrograms who may be able to apply.

If that sounds like you and you need to drive for work, NZ Limited Licence prepares the application documents for eligible drivers. We are not lawyers, we do not go to court, and the decision is always the judge's. Call 0800 437 005.

Sources

1. Land Transport Act 1998 (version as at 4 September 2026), sections 56, 57, 57AA, 60, 65, 65AB to 65AI, 65B, 68, 69, 70A, 95, 103, 104 and 105, New Zealand Legislation, https://www.legislation.govt.nz/act/public/1998/0110/latest/DLM434692.html (accessed 27 September 2026)
2. Land Transport (Offences and Penalties) Regulations 1999 (version as at 6 August 2026), regulation 6 and Schedules 1 and 2, New Zealand Legislation, https://www.legislation.govt.nz/regulation/public/1999/0099/latest/whole.html (accessed 27 September 2026)
3. Fines, penalties and losing your licence, Govt.nz, https://www.govt.nz/browse/transport/driving-fines-and-penalties/fines-penalties-and-losing-your-licence/ (accessed 27 September 2026)
4. Alcohol interlocks, Govt.nz, https://www.govt.nz/browse/transport/driving-fines-and-penalties/alcohol-interlocks/ (accessed 27 September 2026)

Frequently asked questions

Can I ask for a blood test if I blew 300?

No. If you are 20 or older and your evidential breath test is between 251 and 400 micrograms, you do not have the right to elect a blood test.

Will I lose my licence for a first low-level reading?

A first adult reading between 251 and 400 micrograms is an infringement with a $200 fee and 50 demerit points, not a court disqualification. Your licence is only suspended if your demerits reach 100 within 2 years.

What happens if I refuse a blood test?

Refusing is a criminal offence carrying up to 3 months jail or a $4,500 fine and at least 6 months disqualification for a first or second offence. You also get an immediate 28-day roadside suspension.

Can I get a limited licence if I have an interlock sentence?

No. People subject to an alcohol interlock sentence cannot apply for a limited licence.