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What it means Going to Court for Drink Driving

19 August, 2021

Drink driving is a severe offence in New Zealand. The consequences for drink driving depend on different factors. Your level of intoxication can be assessed using a alcohol breath tester, commonly known as breathalyzer. If you have a  past drink driving offence, that will be considered as well. If you have been drinking, it’s best not to take any risks and instead organize alternative transportation. The police have the right to stop you and check your Blood Alcohol Concentration (BAC) at any moment. The penalties can be severe if you are found to be above the legal limit. Fines and obligatory disqualification are the most common penalties. Followed by house detention, going to court for drink driving and worse, imprisonment. 

We know from a statistical point of view that using a BACtrack breathalyzer decreases the likelihood of DUIs. Day after day, we hear from BACtrack customers who say that the results of their BACtrack tests convinced them or a friend or family member not to drive after drinking. It’s one thing to feel if you’re ok to drive after drinking, but it’s quite another to see your assessed BAC level using a BACtrack breathalyzer and realize the actual dangers of drink driving.

A BACtrack eliminates the need for dangerous guesswork. This is helpful whether you are just a light drinker or regular drinker. In reality, the only time an individual should drive after having alcohol in their system is when their BAC level is below 0.05 (preferably 0.00) and only then if they feel confident to do so. Even if someone or yourself are well below the legal limit, check in to understand how competent you feel to drive safely.   

Factors in going to court for drink driving

Legal Blood Alcohol Limit 

New Zealand reduced its legal blood alcohol limit for driving from 0.08% to 0.05% on December 1, 2014. The old limit, which was quite high by international standards, meant that drinkers could be relatively certain about remaining under the law while driving. On the other hand, the new restriction has resulted in a more cautious shift to avoid going to court for drink driving. 

Refusal to Take a Breath Screening Test 

If the passive breath test reveals the presence of alcohol, or if you refuse it, police may request another screening breath test. You must breathe into a bag or a small electronic device, which calculates the quantity of alcohol in your bloodstream. It is not valid evidence in court since it is an estimate. If you have taken the screening breath test, you must stay until the findings came out and keep in mind that it is an offence to leave. In case of failure or refusal to take the screening breath test, you will be requested to do an evidentiary test. The evidentiary specimen needed, whether breath, blood, or urine, will be determined before having the person going to court for drink driving.

 

Related Articles:

What is the Legal Alcohol Driving Limit?

When do you need a Lawyer for Drink Driving

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