Zero blood alcohol concentration (BAC) limit for drivers under 20 years

Drivers under 20 are subject to a zero alcohol level. This initiative is one of several measures from the Safer Journeys strategy aimed at improving the safety of New Zealand’s younger drivers.

What will happen if a young driver is found to have a BAC between zero and 0.03?

They will receive an infringement notice. This will be an infringement fee of $200 and 50 driver demerit points.

A driver licence will be suspended for three months when 100 or more driver demerit points are incurred within a two-year period.

Note: BAC 0.03 is equivalent to 30mg of alcohol per 100 ml of blood or 150mcg of alcohol per litre of breath.

What is the penalty for a young driver with over 0.03 BAC?

There are serious penalties for drivers under the age of 20 who are found to have a blood alcohol concentration of more than BAC 0.03. These are either a fine of up to $2,250 or imprisonment for up to three months, and disqualification from driving for three months or more.

If any driver is found to have a blood alcohol concentration of more than BAC 0.08 then the penalties are the same as for an adult driver and are either a fine of up to $4,500 or imprisonment for up to three months, and disqualification from driving for six months or more. If the driver is found to have a blood alcohol concentration of more than BAC 0.13 then, in addition to the above penalties, the driver’s licence will be suspended at the roadside for 28 days.

If any person drives while their licence is suspended then the motor vehicle they were driving when they are apprehended will be impounded for 28 days.

There are more significant penalties for repeat offending.

Note: BAC 0.08 is equivalent to 80mg of alcohol per 100 ml of blood or 400mcg of alcohol per litre of breath. BAC 0.13 is equivalent to 130 mg of alcohol per 100 ml of blood or 650 mcg alcohol per litre of breath.

Would a zero limit mean that someone could fail a breath test because of substances like mouth wash that contain small amounts of alcohol?

Testing devices will be calibrated so substances like mouthwash do not produce a positive result.

Why are young drivers subject to a zero BAC?

Young drivers have had a lower drink drive limit since 1993. This initiative recognises that even small amounts of alcohol can impair driving, particularly for young people, and sends a clear message that drinking and driving do not mix.

For young drivers the task of driving is more demanding than for experienced drivers. Alcohol reduces a person’s ability to pay attention to the driving task even at relatively low levels of BAC. As young drivers have to allocate more of their attention to the driving task than experienced drivers, the effect of alcohol on their driving performance is greater.

In 2010 there were 74 deaths and 474 reported serious injuries in crashes that involved at least one 15-19 year old driver. Of those, 28 deaths and 125 serious injuries were in crashes where alcohol was proven or suspected for a 15-19 year old driver. That is 38 percent of the deaths and 26 percent of the serious injuries in crashes involving 15-19 year old drivers. This includes all casualties in the crash - the young drivers themselves, their passengers and other road users injured in the crash.

More information

The zero BAC for drivers under 20 was introduced through the Land Transport (Road Safety and Other Matters) Amendment Act 2011. Read more information on the Ministry’s website.