Is drink and drive a criminal offence?
Is drink and drive a criminal offence?
Yes, drink driving is a criminal offence under Section 5(a) of the Road Traffic Act 1988. Driving while exceeding the legal limit can result in a criminal record, a driving disqualification, an unlimited fine and in serious cases a prison sentence!
Is drink-driving a criminal conviction in NZ?
It depends on the level of alcohol. The criminal drink driving limit for drivers aged over 20 years in New Zealand is 400mg/l of breath alcohol or 80mg/100ml of blood alcohol. 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.
Can you go to jail for drink-driving NZ?
A driver convicted of a first or second drink-driving offence can face a prison term of up to three months or a fine of up to $4,500 and lose their driver licence for six months or more.
What are the legal consequences of drink-driving in NZ?
How long does a drink driving conviction stay on your record in NZ?
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).
How long is drink driving on your criminal record?
11 years
A drink driving conviction or DR10 endorsement will remain on your driving licence for 11 years from the date of conviction. However, these points are considered ‘spent’ under the Rehabilitation of Offenders Act 1974 after 5 years.
How long does drink driving stay on criminal record NZ?
What happens when I go to court for drink driving?
it is likely you will receive a custodial sentence and go to prison as a result of being convicted. it is likely you will lose your job/livelihood as a result of being convicted. it is likely that your reputation will be greatly damaged as a result of being convicted.
Can you be imprisoned for drink driving?
Will I go to prison? Going to prison for drink driving is unlikely. Only in the most serious circumstances will a person receive a custodial sentence for drink driving. The odds are greater if a person has a relevant previous conviction or if there were serious aggravating factors.
How long does a drink drive conviction stay on your criminal record?
A drink driving conviction or DR10 endorsement will remain on your driving licence for 11 years from the date of conviction. However, these points are considered ‘spent’ under the Rehabilitation of Offenders Act 1974 after 5 years.
Can I get my conviction removed?
The only way to get your conviction removed from police records is to appeal against the conviction through the courts. You will need to seek legal advice if this is something you wish to pursue. I was told my conviction would be removed after five years.
Is drink driving a criminal offence in New Zealand?
So drink driving is an offence that most well-behaved New Zealanders are going to find themselves facing, should they have the misfortune to end up on the wrong end of a charge in the criminal courts.
Where can I find a drink drive lawyer in NZ?
See our pages on offences and defences. Or call Alistair Haskett now on 0800 DRINK DRIVE LAWYER (0800 374653) or 0800 ROAD LEGAL (0800 762353), or email your enquiry to [email protected].
What are the penalties for drink driving in South Australia?
A driver under 20 commits an offence and can be fined up to $2,250 or imprisoned for up to three months if they drive with alcohol concentrations exceeding 150 mcg/l or 30 mg/ml.
What happens if you get a second drink driving offence?
For a second drink-driving offence, likely sentences can depend on, for example, how soon after the first offence it is. For a third offence, the maximum penalties are much more serious, see “Repeated or serious drink/drug driving: Heavier penalties” in this chapter.
