It’s an offence to drive, or try to drive, while you’re under the influence of alcohol so that you can’t properly control your vehicle. 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.
Thereof What are the legal consequences of drink driving in NZ? A driver convicted of a first or second drink-driving offence can face a prison term of up to three months or a fine of up to $4,500 and lose their driver licence for six months or more.
What is the minimum sentence for drink driving? A conviction will result in a mandatory disqualification of at least 12 months and is often in the region of 18 months or longer. If you have a previous conviction in the last ten years for a drink or drug driving offence, the minimum disqualification will be three years.
Similarly, What happens if you plead guilty to drink driving?
it is likely you will receive a custodial sentence and go to prison as a result of being convicted. it is likely you will lose your job/livelihood as a result of being convicted. it is likely that your reputation will be greatly damaged as a result of being convicted.
Do you get points for drink driving?
Will I get penalty points for drink driving? The short answer is no. Drink driving carries a mandatory minimum 12 month driving disqualification. If you plead guilty to drink driving, or if you’re convicted by the court, you will be banned.
Is drink driving a criminal conviction? Yes, drink driving is a criminal offence under Section 5(a) of the Road Traffic Act 1988. Driving while exceeding the legal limit can result in a criminal record, a driving disqualification, an unlimited fine and in serious cases a prison sentence!
Will I lose my license for drink driving?
Get caught driving or attempting to drive while above the legal limit or unfit through drink and you’ll definitely lose your licence for at least a year.
Will I lose my job for drink driving? Yes. Being found guilty of drink driving can affect your employment status. Withholding any information regarding known convictions can amount to a criminal offence.
Can you get let off for drink driving?
Is a driving ban definite for drink driving? Yes. Drink driving is a criminal offence that carries an obligatory driving disqualification of a minimum period of 12 months as laid out by the Road Traffic Offenders Act 1988 section 34(1).
How long does a drink driving conviction stay on your record in NZ? If you have historic convictions you will lose the benefit of the Criminal Records (Clean Slate) Act, meaning you cannot conceal the new or old convictions under that legislation for another 7 years (more applies).
How long is drink driving on criminal record? A drink driving conviction or DR10 endorsement will remain on your driving licence for 11 years from the date of conviction. However, these points are considered ‘spent’ under the Rehabilitation of Offenders Act 1974 after 5 years.
Can I plead not guilty to drink driving? What happens if you plead not guilty? If you plead not guilty to a drink driving offence, then a date will be set for a trial at the Magistrates’ Court. You can continue to drive until this date. Your solicitor will determine the best defence in your particular case, arguing your case in court.
Do I have to retake my test after drink driving?
New drivers who are convicted of drink driving in their two year probationary period also do not have to automatically re-take their driving test. … Magistrates have the discretion to order a re-test and can order any person who is convicted of drink driving and disqualified to retake their driving test.
Is drink driving conviction spent after 5 years?
A drink driving conviction becomes spent 5 years from the date of conviction. The Rehabilitation of Offenders Act 1974 outlines the legal position on spent convictions.
Can I be a nurse with a drink driving conviction? Drink-driving offences will only call into question a nurse, midwife or nursing associate’s fitness to practise if: the offence occurred either in the course of a nurse, midwife or nursing associate’s professional duties, driving to or from those duties, or during on-call or standby arrangements.
Can you be a teacher with a drink driving conviction? Most schools would still employ teachers who have been convicted of drink driving, depending on how severe the specific case is. It is important to remember that schools have reputations they will have to uphold and if teachers have breached the trust of the public their positions could be at risk.
How can police prove drunk driving?
If you are found to be over the legal limit then you will be taken to a police station and placed in custody. Usually the police will use a more complex breathalyser at the station to perform a more accurate test, and they may also take blood or urine samples as evidence that you have been drink driving.
Does a conviction ever go away? If a conviction is expunged, that means that it is wiped from your record. Expungement exists so that people that have been convicted of offences that no longer exist, primarily those relating to male homosexual activity, are relieved of the burden of a criminal record.
Does your criminal record clear after 7 years?
CRIMINAL RECORDS DO NOT LAST FOREVER
This means it will be as if you never had the conviction to begin with. “If you’re found guilty or plead guilty to an offence, the magistrate may decide not to record a conviction.
Is drink driving a criminal conviction in NZ? It depends on the level of alcohol. The criminal drink driving limit for drivers aged over 20 years in New Zealand is 400mg/l of breath alcohol or 80mg/100ml of blood alcohol. If you are found to have an alcohol level above this level, you are looking at receiving a criminal conviction if you plead or are found guilty.
Do I have to declare drink driving after 5 years?
Under the Rehabilitation of Offenders Act 1974 a DR10 conviction is considered “spent” 5 years after the date of conviction. After this period you do not need to declare it to insurers or employers. However, for certain professions criminal convictions are never “spent” and so will always have to be declared.
How much does a lawyer cost for drink driving? Only $230 incl GST (Auckland). Other Courts in Greater Auckland $287 incl GST. See if you have a possible defence to your charge. Same-Day or after-hours appointment available.
What happens if I get 6 points within 2 years?
If you’ve received six points on your driving licence within two years of passing your test, your driving licence will automatically be revoked. This means that you’ll need to reapply for a provisional licence and then retake your theory and practical driving tests.
What is the punishment for driving while disqualified? What is the penalty for driving whilst disqualified? For driving whilst disqualified you may receive a prison sentence of up to 6 months imprisonment. For a lesser sentence you may receive a community service curfew order.
How long are you disqualified from driving?
Generally, you can be disqualified from driving for: six months if you get 12 penalty points or more within three years. 12 months if you get a second disqualification within three years. two years if you get a third disqualification.
Do I have to declare a DR10 after 5 years? While a DR10 endorsement will remain on your driving licence for 11 years, you only need to declare it to insurance companies for a period of 5 years beginning from the date of conviction.
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