Drink Driving 2018-08-31T00:50:58+00:00

Drink Driving

Drink driving is technically called “driving with excess breath/blood alcohol” or “EBA” for short.

  • A conviction and permanent record thereof
  • Usually at least six months disqualification
  • Up to three months in jail – don’t worry – in most parts of the country jail would be a highly unusual outcome on a first or second drink drive offence
  • A fine of up to $4,500 – but with a first offence usually figure on a dollar per point. For example if you blew a reading of 500 then expect a fine of around $500
  • Court costs – usually $132
  • Possibly community work
  • A conviction and permanent record thereof
  • Usually at least 12 months disqualification
  • Up to two years in Jail
  • A fine of up to $6,000
  • Court costs – the least of your problems
  • Possibly community work – if you’re lucky

You may well be in serious danger of going to Jail!  Do not go to court and plead guilty at your first appearance.

Call us now – You need serious help!

If you’ve got a previous “qualifying” drink driving offence, this may be an issue. And we don’t mean car impoundment for 28 days. Car confiscation means that your car is taken away and sold at auction usually at a fire-sale price. We can usually protect you against car confiscation (and it’s not in the way that many people think it may – the court can actually claw back the car from the person to whom you transfer it).

Immediate licence suspension can be inflicted in some drink driving circumstances. For example if you had breath alcohol concentration exceeding 650 micrograms of alcohol per litre of breath, then the officer has the power to suspend your licence immediately for 28 days. “But I haven’t even been convicted yet” you rightly protest. We agree – this piece of the law is extremely unfair.

*Note:

  • Different penalties apply to people aged under 20 years old.
  • The date(s) of previous convictions can make a big difference and you may be facing extra penalties still. For example if you’ve had a particularly high reading or a refusal within the last five years or you’re charged with either of those offences this time (having had an ordinary EBA less than five years ago) then you’re facing “indefinite disqualification”. Too confusing? Call us.
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Our stand on Drink Driving

We are not embarrassed by our longstanding and deep involvement with drink drive defence law.  One reason for our focus on and reputation in defending and representing clients on drink drive charges, actually called EBA charges (for ‘Excess Breath or Blood Alcohol’ but as mentioned above, commonly known as DIC or DUI charges) is that there are around 35,000 EBA charges a year 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. Unluckily alas, many of our clients weren’t even stopped for ‘drunk driving’ and there was no evidence that they were impaired in their driving at all by alcohol.  Defendants have simply failed a test that depends upon an arbitrary line.  Unfortunately the law presumes that you are impaired in driving just from the event of having returned a positive result.  Fortunately however there is a great deal that can be done about it so give us a call.

FAQs about Drink Driving

Yes, but the grounds of appeal are extremely limited.

Generally the authorities will mail it back to you – but they may need a reminder call that they should be posting it back.

Not at all. Drink drive law is mainly about whether the police went through the correct procedure in handling you, and the documentation as to your case. Every person who successfully defends a charge of EBA starts with a positive reading.

Perhaps – perhaps not. But either way we suggest that he’s probably no expert on the technical points of the law which include many things that defy common sense and that you (and often he) wouldn’t even guess at.

Drink drive law as indicated above, is a highly complex area of law full of “technicalities”. Because of this complex and technical nature, it follows that there are many opportunities for the police to make mistakes and one of those mistakes may well get you off the hook.

Typically not. That sort of minor error is generally harmless to the police case. Don’t worry – you may well have a defence on another basis.

No – absolutely not! You will generally just make the situation worse – sometimes much worse.

Usually not.  That’s because we need time to get all the necessary documents concerning your case out of the police and to properly prepare your case. If you’re on a third-strike offence it’s a moral certainty that we won’t be wrapping up your case on the day of your first appearance.

Incredible but true. The law contains a “conclusive presumption”. The reading on the machine is presumed to be your reading at the time you were driving. Don’t fret however. These cases can very often be successfully resolved.

Very possibly. He might be on your land solely on the basis of an “implied licence” to be there. That’s what we have when we walk up to someone’s front door. That licence can be revoked by the occupier of the land (i.e. you) at any time. The precedent court cases on this topic show that the favourite expression used by occupiers withdrawing an implied licence tends to be something like “F___ off Cop!” Needless to say, a fair amount of acrimony is often reported on both sides in these cases. We advise politeness and leave you to design your own form of words, for example “please leave immediately officer”.

Yes, you can be convicted, sentenced and even jailed for free, but if you would like a without-obligation assessment of your situation then call us today.

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