Drink Driving Penalties

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networkn

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#102774 22-May-2012 12:38

Hi - Just to be clear this question isn't for ME, I am a teetotaller, never had any alcohol to drink in my life.. If I did I would NEVER drink and drive.

However. Does anyone know what the minimum and maximum penalties are for a first time drink driving offence if you were JUST over the limit?

Cheers

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#628903 22-May-2012 12:41

http://www.nzta.govt.nz/resources/factsheets/55/driving-offences.html
http://www.activelegal.co.nz/drink-drive/
http://www.nzta.govt.nz/resources/roadcode/about-limits/alcohol-and-drugs-limits.html

The latter seems to be particularly relevant.

networkn

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#628924 22-May-2012 13:18

Anyone know what is "common" when it comes to fines on first offenses?

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#628963 22-May-2012 14:02

networkn: Anyone know what is "common" when it comes to fines on first offenses?

In Christchurch its 6 months disqualification and you get what you blew as a fine. e.g. 450mcg is $450 fine.

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#628981 22-May-2012 14:17

6 months seems pretty common for first time, and a fine up to about $800.
Depends on age and what they blow and how the judge feels. I know someone that just got six months and no fine, but have known someone else to get an $800 fine.

It's the second offence that stings a bit more, and third offence could mean prison.

If they give a 12 month disqualification, it is usually for 12 months and 1 day which means having to resit your license to get it back.

9unk

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#629065 22-May-2012 17:11

6 months general rule of thumb. Fine is up to the judge to ascertain what to hand down. Depends on a lot of things including the judge.

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#629082 22-May-2012 18:46

networkn: Does anyone know what the minimum and maximum penalties are for a first time drink driving offence if you were JUST over the limit?

Just over as in 401 micrograms of alcohol per litre of breath or 81 milligrams of alcohol per 100 millilitres of blood? Not that it makes any difference - over is over... [in a previous role] I've never seen "Just over" go down particularly well with a Judge as an argument.

Previous comments about likely sentence are spot on.

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#629083 22-May-2012 18:47

Having been on the 'law-abiding' side of the courtroom in my previous life, I can confirm the answers above are about right. 6 months minimum disq unless there are extreme mitigating circumstances, and a few hundy for a fine. Yes I have seen some judges do the mg =$ comparison mentioned (500mg = $500), but it really comes down to the individual circumstances.

Conviction can have ramifications later on.

You can apply for a work (limited) licence after serving 1 months disqualification.

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#629085 22-May-2012 18:49

I got 6 months and a $1000 fine, that was twenty years ago. Blew 410. Was 16 and had my restricted for 3 months. Lesson learnt.

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#629108 22-May-2012 19:13

plod: I got 6 months and a $1000 fine, that was twenty years ago. Blew 410. Was 16 and had my restricted for 3 months. Lesson learnt.

A story which is much more common than most people may think. The majority of people in this boat never commit (or at least get caught committing) another offence.

networkn may appreciate knowing if you've found the conviction has hampered you much in the following years?

plod

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#629125 22-May-2012 19:26

Dratsab:
plod: I got 6 months and a $1000 fine, that was twenty years ago. Blew 410. Was 16 and had my restricted for 3 months. Lesson learnt.

A story which is much more common than most people may think. The majority of people in this boat never commit (or at least get caught committing) another offence.

networkn may appreciate knowing if you've found the conviction has hampered you much in the following years?

Well not that I'm aware of, have always disclosed it too employers, insurance companies only seem to worry about the past 5years but always disclose it. I just see it as part of mlifers, not embarrassed about it or proud of it. I do remember getting grief from my girlfriends parents and their mates about it (now almost wife). But as the years go on I see a lot of them being done for it now. It was almost like the older generation ,50-60 thought it was acceptable for them to do it because their were experienced drivers.

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#629130 22-May-2012 19:32

Yeah like all the other posters have said.

But from what I know it depends on where you are convicted. Itsd a criminal offence which means you have to declare it for each and every job interview you go for.

I think its 6 months and $500.00 fine in Manukau.

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#629131 22-May-2012 19:33

plod:
Dratsab:
plod: I got 6 months and a $1000 fine, that was twenty years ago. Blew 410. Was 16 and had my restricted for 3 months. Lesson learnt.

A story which is much more common than most people may think. The majority of people in this boat never commit (or at least get caught committing) another offence.

networkn may appreciate knowing if you've found the conviction has hampered you much in the following years?

Well not that I'm aware of, have always disclosed it too employers, insurance companies only seem to worry about the past 5years but always disclose it. I just see it as part of mlifers, not embarrassed about it or proud of it. I do remember getting grief from my girlfriends parents and their mates about it (now almost wife). But as the years go on I see a lot of them being done for it now. It was almost like the older generation ,50-60 thought it was acceptable for them to do it because their were experienced drivers.

50 - 60 years ago drink driving wasn't illegal so they were in a completly different rule.

the drink driving rule hasnt been around for all that long.

plod

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#629149 22-May-2012 20:10

dymatrixnz:
plod:
Dratsab:
plod: I got 6 months and a $1000 fine, that was twenty years ago. Blew 410. Was 16 and had my restricted for 3 months. Lesson learnt.

A story which is much more common than most people may think. The majority of people in this boat never commit (or at least get caught committing) another offence.

networkn may appreciate knowing if you've found the conviction has hampered you much in the following years?

Well not that I'm aware of, have always disclosed it too employers, insurance companies only seem to worry about the past 5years but always disclose it. I just see it as part of mlifers, not embarrassed about it or proud of it. I do remember getting grief from my girlfriends parents and their mates about it (now almost wife). But as the years go on I see a lot of them being done for it now. It was almost like the older generation ,50-60 thought it was acceptable for them to do it because their were experienced drivers.

50 - 60 years ago drink driving wasn't illegal so they were in a completly different rule.

the drink driving rule hasnt been around for all that long.

Sorry, 50- 60 years old

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#629442 23-May-2012 13:26

A while back I blew 394 at a checkpoint which was at the time over the youth limit but under adult limit. Was 19 at the time so got stung for it, 3 months and $350 fine IIRC. I remember at the time being a bit miffed since I was 6'3 and good 80kg

As others have said it comes down to the Judge, Up north there is a Judge who's kid got killed by a drunk driver a while ago and has a nasty habbit of giving everyone the max times he can

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#629449 23-May-2012 14:18

Someone I know got 6 months and a $600 fine for her first offense in her early 20's a few years ago.

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