Question: How Can I Get Out Of A Drink Driving Charge NZ?

What happens if you get caught drink driving NZ?

Driving while affected by alcohol For a first or second conviction, you can be jailed up to three months or fined up to $4,500, and you’ll be automatically disqualified for at least six months..

Can you get done for drink driving without being Breathalysed?

Can police charge me without a breath test? Police do have a way to charge people even without a breath test. This is called a DUI charge, or driving under the influence. Normally, drink driving charges will be based upon the level of alcohol in your system; for example, low range, mid range or high range.

Can you drive after drink driving before court?

From 20 May 2019, if a driver commits a low, special or novice range drink driving offence, NSW Police can immediately suspend the driver’s licence. … Drivers who were charged with a low range offence did not lose their licence immediately, and were able to continue to drive until their court date.

Is it better to refuse a breathalyzer UK?

Never refuse to take the breath test Refusing to take the breath test is a criminal offence. Refusing to take the roadside test will get you four penalty points and a fine of up to £1,000.00. You will also be arrested and taken to the police station for a full (evidential) breath test.

How long do you lose your license for drink driving NZ?

Roadside licence suspension is used only when serious traffic offences have been committed. Your licence will be suspended immediately for 28 days if you: have relevant convictions* in the last four years and are caught drink-driving with a breath-alcohol concentration exceeding 400 micrograms per litre of breath.

How can police prove drink driving?

The police have the power to require the provision of specimens of breath, blood or urine when investigation whether a drink drive offence has taken place.

How long is court for drink driving?

15 to 30 minutesHow long will the hearing last? Hearings of this nature are normally fairly swift. 15 to 30 minutes is the norm.

How long does a drink driving ban stay on your Licence for?

11 yearsA drink driving endorsement (DR10) will remain on your licence for a period of 11 years from the date of conviction. Endorsement codes DR40 – DR70 remain on your driving licence for 4 years from the date of offence OR 4 years from the date of conviction where a disqualification was imposed for the offence.

How can you avoid a drink driving ban?

There are 3 main ways that you can avoid a ban and one way that you can ask for the minimum ban to be reduced.Plead not guilty and get found not guilty at trial.Claim that there are special reasons not to disqualify you.Plead guilty to the alternative of being drunk in charge of a motor vehicle.More items…•

How long after drink driving do you go to court?

As a general rule however, suspects can expect to wait around 6 weeks for the analysis of a sample. Once the police have a positive result, then the investigation is complete and a formal charge can be brought. When a suspect is charged the police will release them on bail to attend the Magistrates’ Court.

Can I refuse a roadside breath test?

It is conducted by a police officer or by another person employed by the government who is prescribed by the rules on an approved breath analysing instrument. Refusing a breath test in NSW (New South Wales) by refusing to provide a breath sample for road side testing or for analysis, means that you will be charged.

Should I plead guilty to drink driving?

In NSW (and indeed, in all of Australia), drink driving offences are treated very seriously. … In the vast majority of drink-driving offences, there is no benefit to pleading not guilty. Pleading guilty will result in a discounted penalty.

How long have the police got to charge you with drink driving?

six monthsFor offences of Drink Driving and Driving without Due Care and Attention the police have six months from the date of the alleged offences in which to either charge your son or lay an information at court (i.e. lodge paperwork and request a summons).

Will I go to jail for high range drink driving?

A person found guilty of high range drink driving faces a fine of $3,300 for a first offence and up to $5,500 for a second or subsequent offence. This offence can attract a prison term of up to 18 months for a first offence and up to two years for a second or subsequent offence.

What do you say to a judge in court for a DUI?

Address the judge as “Your Honor.” Thank them for their time. If you think you might have misunderstood a question or statement, don’t say, “What was that?” Instead say something like, “Your Honor, I did not understand the question. Would you please clarify?” Finally, do not raise your voice, curse, or use slang.

Is it worth getting a lawyer for drink driving?

First and foremost, as we have already mentioned, if you have serious charges laid against you where there is a real possibility that you could be serving time in jail then it is always highly recommended that you obtain quality legal representation from a lawyer who is very competent at dealing with traffic law …

What happens if I fail a breathalyzer test?

What to do: If you blow a fail while driving, you must pull over as soon as possible and shut off the ignition. After 5 minutes, you will be asked to perform an initial test and start the car again. IMPORTANT: Failing a random re-test puts your ignition interlock into Early Service Recall mode.

How do you get off a drink driving charge?

It is possible to avoid a disqualification when convicted of drink driving if ‘special reasons’ not to endorse or disqualify can be successfully established. Any special reason put forward to the court asking them not to endorse or disqualify must relate directly to the commission of the drink driving offence.

Can you appeal a drink driving conviction?

If you have been convicted of drink driving and you don’t believe that you were driving while under the influence of alcohol, or the level of alcohol found in the police tests was accurate, you can appeal to the district court (if your matter was dealt with originally in the local court).

How many drinks can I have and drive NZ?

In New Zealand, the alcohol limit for drivers aged 20 years and over is 250 micrograms (mcg) of alcohol per litre of breath and the blood alcohol limit is 50 milligrams (mg) per 100 millilitres (ml) of blood. If you are under 20, the alcohol limit for drivers is zero.

What speed do you lose your license NZ?

Speeding fines increase progressively from $30 for speeds less than 10 km/h over the limit, to a maximum fine of $630 for speeds up to 50km/h over the limit. At more than 40 km/h above the speed limit you could also get a 28-day licence suspension.