Drink driving in New Zealand carries severe penalties, and the possibility of jail time is a very real consequence. This guide will explore the factors determining whether you'll face imprisonment and what you should do if you've been charged.
Understanding New Zealand's Drink Driving Laws
New Zealand has a zero-tolerance approach to drink driving. The legal blood alcohol limit is zero. This means any detectable amount of alcohol in your system while driving can lead to penalties. These penalties are significantly harsher than in many other countries.
The penalties for drink driving are determined by your blood alcohol content (BAC) and your driving history. The higher your BAC and the more prior offenses you have, the more severe the consequences will be.
Penalties for Drink Driving in New Zealand:
- Low BAC (up to 250 micrograms of alcohol per litre of breath): This can result in fines, license suspension, and mandatory alcohol education courses.
- Medium BAC (251-400 micrograms of alcohol per litre of breath): Penalties become more severe, potentially including longer license suspensions, higher fines, and the possibility of imprisonment.
- High BAC (over 400 micrograms of alcohol per litre of breath): This almost certainly leads to significant penalties. Imprisonment becomes a highly likely outcome, along with lengthy license suspensions and substantial fines. The court may also impose community work or other forms of sentencing.
Factors Influencing Jail Time for Drink Driving
Several factors influence a judge's decision regarding imprisonment for drink driving:
- Blood Alcohol Content (BAC): The higher your BAC, the greater the likelihood of imprisonment. Extremely high BACs often result in mandatory minimum sentences.
- Prior Offenses: A history of drink driving convictions significantly increases the chance of jail time. Repeat offenders face much harsher penalties.
- Aggravating Circumstances: Factors like driving at high speed, causing an accident resulting in injury or death, or refusing a breath test will dramatically increase the severity of the penalty and greatly increase the likelihood of imprisonment.
- The Judge's Discretion: While sentencing guidelines exist, judges retain discretion in determining the appropriate sentence. Factors like remorse, cooperation with authorities, and any mitigating circumstances may influence the judge's decision.
What to Do if You've Been Charged with Drink Driving
If you've been charged with drink driving, it's crucial to:
- Contact a Lawyer Immediately: A specialist drink-driving lawyer can advise you on your rights, explain the potential consequences, and represent you in court. Early legal intervention is critical.
- Do Not Speak to Police Without a Lawyer: Anything you say to the police can be used against you in court. It's always best to seek legal advice before making any statements.
- Gather Evidence: Collect any relevant evidence, such as witness statements or medical reports, that might support your case.
Conclusion
Drink driving in New Zealand is a serious offense with potentially devastating consequences. Jail time is a very real possibility, especially with high BAC levels, prior offenses, or aggravating circumstances. If you're facing charges, seeking immediate legal advice is paramount to protecting your rights and minimizing the potential penalties. Remember, the safest choice is always to never drink and drive. Plan your transportation ahead of time and choose a designated driver or utilize alternative transportation options like taxis or ride-sharing services.
