01 December 2014

New Drink Driving Limits From 1 December 2014

From 1 December 2014 there has been a change in New Zealand’s drink driving limits. The breath alcohol limit has dropped from 400 to 250 micrograms of alcohol per litre of breath and the blood alcohol limit has dropped from 80 to 50 milligrams per 100 millilitres of blood.

There is no simple way of telling how much you can drink and still be all right to drive.  This is because a person's alcohol level depends on their weight, how much time they spend drinking and how much food they have eaten.  Tiredness and dehydration can also have an impact on levels of alcohol in the body.  A larger person will generally be able to consume more alcohol than a smaller person and females are generally not able to drink as much as males and still be under the legal limit. 

While there have been many articles and suggestions as to how much the average person could be able to drink and still be under the limit, we recommend caution in relying on these statements.  First, these are generally dependent on the measure of “a standard drink”.  That is normally approximately one 330ml beer and 100ml of wine.  Obviously many drinks served can be more than one standard drink.  Second, there are so many variables at play that no real recommendations can be made with any degree of certainty.  The only real measure of certainty is the fact that the new drink driving thresholds are 5/8 of the old thresholds. 

Similarly, consumer breath testing devices should be treated with a measure of caution.  There are a wide range of such devices on the market and although many may well be accurate at the time of self testing, levels may vary.  They will also need regular maintenance and calibration.  Even if accurate, the fact that a person may have self tested as being under the limit will not be a defence if they subsequently test over the legal limit before an enforcement officer. 

Even though testing between the old and the new limits will not result in a conviction the consequences of making the wrong decision can still be significant.  A driver testing between 250 and 400 micrograms on a breath test (or between 50 and 80 milligrams on a blood test) will be subject to an instant fine of $200.00 and will be forbidden to drive for 12 hours.  More importantly, they will also receive 50 demerit points.  For those who may already have 50 demerit points in the past two years (for example for speeding offences) that will lead to a suspension of their licence for three months.  Anyone testing over 400 micrograms on a breath test (or 80 milligrams on a blood test) will continue to face criminal charges and the very real possibility of disqualification. 

The only clear message to take is a fairly simple one- less is certainly more when it comes to drinking and driving under the new levels. 

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