What's the drink-driving limit in New Zealand?
If you're 20 or older, the limit is 250 micrograms of alcohol per litre of breath, or 50 milligrams per 100 millilitres of blood (0.05%). If you're under 20, the limit is zero. New Zealand also runs an unusual two-tier penalty system — a small margin over the limit is a fine, a bigger one is a criminal conviction.
The limits at a glance
| Driver | Breath limit | Blood limit |
|---|---|---|
| Aged 20 and over | 250 mcg per litre | 50 mg per 100 ml (0.05%) |
| Under 20 | Zero | Zero |
| Zero-alcohol or alcohol interlock licence | Zero | Zero |
These limits come from the Land Transport Act 1998 and are confirmed by the Ministry of Transport. In New Zealand the breath test is the primary roadside measure — police use passive and evidential breath testing at checkpoints and stops — with blood tests used to confirm or when a breath test isn't possible.
The two-tier penalty system
What makes New Zealand's regime distinctive is that being over the limit isn't automatically a criminal matter. There are two levels, set out in the Community Law manual:
250–400 mcg breath (50–80 mg blood): infringement
You get a $200 on-the-spot infringement notice and 50 demerit points. It works like a speeding ticket — no court appearance, no criminal record. But the demerit points bite: accumulate 100 points within two years and your licence is suspended for three months, so a single infringement takes you halfway there.
Over 400 mcg breath (80 mg blood): criminal charges
You'll be prosecuted through the courts and, if convicted, automatically disqualified from driving for at least six months. For a first offence, the fine typically scales with how far over you were — as a rule of thumb, a breath reading of 500 mcg tends to mean roughly a $500 fine, 600 mcg about $600, plus court costs. Repeat offences escalate quickly to possible imprisonment, indefinite disqualification and mandatory alcohol interlocks.
Under 20? The limit is zero
Drivers under 20 can't legally have any alcohol in their system. The penalties are also tiered:
- Up to 150 mcg breath (30 mg blood) — a $200 infringement notice plus demerit points. No criminal record.
- 150–400 mcg (30–80 mg) — criminal charges: up to three months' imprisonment or a fine of up to $2,250, plus disqualification for at least three months.
- Over 400 mcg (80 mg) — the same penalties as adult drivers: up to three months' imprisonment or a fine of up to $4,500, and at least six months' disqualification.
The zero limit exists because younger drivers are disproportionately represented in alcohol-related crashes — the combination of driving inexperience and drinking inexperience is especially dangerous.
You can be charged below the limit
The numeric limits aren't the whole story. It's a separate offence to drive while under the influence of alcohol to the extent that you can't properly control the vehicle — and police don't need a breath or blood reading over the limit to charge you with it. Weaving, delayed reactions or failed impairment tests can be enough. Conviction carries up to three months' imprisonment or a $4,500 fine, plus at least six months' disqualification.
How many drinks is 250 micrograms?
There's no trustworthy answer, and that's the point. Your breath and blood alcohol depend on your body weight, sex, how quickly you drank, and whether you've eaten. A New Zealand standard drink contains 10 grams of pure alcohol — the same as Australia's — which is roughly:
- a 330 ml can of 4% beer
- a 100 ml glass of 12.5% wine
- a 30 ml pour of 42% spirits
But most real-world serves are bigger than a standard drink: a pint of craft IPA can be two standard drinks, and a generous restaurant wine pour 1.5 or more. Two people who drank identically can test on opposite sides of 250 mcg. That's why "I only had a couple" is such a common phrase in court.
How NZ compares internationally
| Country | General blood limit | Notes |
|---|---|---|
| New Zealand | 50 mg (0.05%) | Zero under 20 |
| Australia | 50 mg (0.05%) | Zero for learner and provisional drivers |
| Scotland | 50 mg (0.05%) | Lowered from 80 mg in 2014 |
| England & Wales | 80 mg (0.08%) | Among the highest general limits |
| United States | 80 mg (0.08%) | Utah is the exception at 0.05 |
If you're an Australian visiting New Zealand, the general limit will feel familiar — but note the under-20 zero limit applies to your age, not your licence class, and it covers visitors driving on overseas licences too. Full details of testing and enforcement are on the NZ Transport Agency Waka Kotahi road code.
Frequently asked questions
What is the drink-driving limit in New Zealand?
250 micrograms of alcohol per litre of breath, or 50 mg per 100 ml of blood (0.05%), for drivers aged 20 and over. Zero for drivers under 20.
What happens if I'm just over the limit?
Between 250 and 400 mcg breath (50–80 mg blood): a $200 infringement notice and 50 demerit points, with no criminal record. Over 400 mcg (80 mg): criminal charges and at least six months' disqualification.
How many drinks can I have and still drive?
There's no safe count — weight, sex, timing and food change everything. If you're driving, the only reliable number is zero.
Is the limit really zero for under-20s?
Yes. Any alcohol at all is an offence for drivers under 20, with penalties rising from a $200 infringement up to a $4,500 fine and six months' disqualification.
Can I be charged with drink-driving below the legal limit?
Yes — driving while incapable of proper control due to alcohol is an offence regardless of your reading, and doesn't require a breath or blood test at all.