Impaired driving
link to page 2 link to page 2 link to page 5 link to page 5 link to page 5 link to page 5 link to page 5 link to page 5 link to page 6 link to page 7 link to page 7 link to page 7 link to page 8 link to page 10 link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 12 link to page 12 link to page 12 link to page 13 link to page 13 link to page 13 link to page 14 link to page 14 link to page 14 link to page 15 link to page 15 link to page 15 link to page 15 link to page 16 link to page 16 link to page 17 link to page 18 link to page 18 link to page 19 link to page 20 link to page 21 link to page 22 link to page 22 link to page 22 link to page 22 link to page 22 link to page 22 link to page 24 link to page 24 link to page 24 link to page 24 link to page 25 link to page 27 link to page 27 link to page 27 link to page 30 link to page 30 link to page 32 link to page 32 link to page 33 link to page 35
Table of Contents
Table of Contents
2
Policy statement and principles
5
What
5
Why
5
How
5
Related policies and procedures
5
Definitions
5
The 12‐part process for detecting and enforcing impaired driving
6
1. General Powers
7
Stopping a driver
7
Entering a property
7
Arresting a person
8
2. Checkpoints
10
3. Alcohol impaired driving
11
Following a crash
11
Zero limits for some drivers
11
Driver under 20 years
11
The meaning of 'apparently younger than 20'
11
Passive Breath Test
12
Outcomes following a PBT result:
12
Breath Screening Test
12
Outcomes following a BST result
13
Evidential Breath Test
13
Requiring the driver to accompany an enforcement officer
13
Bill of Rights
14
Driver’s right to consult a solicitor
14
Process overview
14
Step 1. Requiring the driver to undergo an EBT
15
Further testing at another place
15
Incomplete test results
15
Step 2. Outcomes following an EBT result
15
No result
16
Step 3. 10‐minute period to consider blood election
16
When the driver has made a decision
17
Step 4. Next steps following the detection of alcohol
18
Drivers under 20 years old
18
Drivers over 20 years old
19
Step 5. Admissibility of evidence
20
Step 6. Subsequent enforcement action
21
4. Alcohol impairment test procedures
22
Testing steps
22
Use the OnDuty EBA or POL515 to ensure correct testing
22
Approved devices
22
Breath screening test ‐ Passive breath‐testing devices
22
Breath screening test using Dräger 7510NZ
22
Test results
24
Evidential breath test (EBT) procedures
24
Devices and facilities
24
EBT using Dräger 7510NZ
24
Procedure for further testing at a second place
25
5. Compulsory Impairment Test
27
Process overview
27
Consideration of a CIT
27
Outcomes of a request for a CIT
30
Blood test
30
6. Incapable of proper control
32
Incapable offence procedures
32
Outcomes of incapable offence procedures
33
7. Blood taking procedures
35
link to page 35 link to page 35 link to page 35 link to page 35 link to page 35 link to page 35 link to page 36 link to page 36 link to page 36 link to page 37 link to page 37 link to page 38 link to page 39 link to page 39 link to page 39 link to page 40 link to page 40 link to page 40 link to page 41 link to page 41 link to page 41 link to page 41 link to page 41 link to page 41 link to page 41 link to page 42 link to page 42 link to page 42 link to page 43 link to page 44 link to page 45 link to page 45 link to page 45 link to page 46 link to page 46 link to page 46 link to page 46 link to page 47 link to page 47 link to page 47 link to page 48 link to page 48 link to page 48 link to page 49 link to page 50 link to page 51 link to page 51 link to page 51 link to page 51 link to page 51 link to page 51 link to page 51 link to page 52 link to page 52 link to page 52 link to page 52 link to page 53 link to page 53 link to page 53 link to page 53 link to page 54 link to page 54 link to page 54 link to page 54 link to page 55
When to do a blood test
35
Driver’s request
35
Officer’s request
35
Driver Consent
35
Conditional consent
35
Obtaining drivers consent for a blood test
35
Exclusions for hospitalised drivers
36
Driver Refusal
36
Outright refusal
36
Deemed refusal
37
Procedure if driver changes their mind after opting for a blood specimen
37
The blood test procedure
38
Blood taking procedure
39
Post blood taking procedure
39
Summary
39
Handling blood specimens
40
Blood specimens
40
Sealing blood specimen vacutainers
40
Deliver the specimen
41
Chain of evidence
41
Outcomes following blood alcohol test result
41
DNA sampling
41
When to request a DNA Sample
41
Who should be present when a DNA sample is taken
41
Request for independent specimen analysis
41
8. Charging decision
42
Alcohol impaired driving charging decision
42
ESR Analyst’s Certificate for Blood Alcohol
42
Drink driving infringement offence notices
43
Cost recovery
44
Drug driving charging decision
45
Changes to the LTA explained
45
“Listed” Qualifying Drugs
45
“Unlisted” Qualifying Drugs
46
Blood test result
46
Errors in enforcement procedure
46
New infringement and criminal offences and penalties
46
9. Hospitalised drivers
47
When can blood tests be taken?
47
Situations where it is unclear if the driver is impaired by alcohol or drugs
47
Notifying the driver of the reason for a blood specimen
48
Consent
48
Hospital or medical centre blood test procedure
48
Summary of outcomes
49
Outcomes following blood test result
50
10. Subsequent enforcement action
51
Forbidding a person to drive
51
When a person may be forbidden to drive for up to 12 hours
51
When a person must be forbidden to drive for up to 12 hours
51
Incapable of proper control
51
How to enforce prohibition
51
Forbid to drive in writing
51
Failure to comply
52
What to do with seized keys or vehicle parts
52
If vehicle is moved to a safe place
52
Suspending a driver licence
52
Applicable offences
53
Demerit points
53
Impounding a vehicle
53
DNA sampling
53
11. Prosecution files
54
General
54
Infringement offences
54
Combination offences
54
Seeking medical expenses and analysis costs from offenders
55
link to page 55 link to page 55 link to page 55 link to page 56 link to page 56 link to page 56 link to page 57 link to page 57 link to page 57 link to page 57 link to page 57 link to page 57 link to page 57 link to page 58 link to page 58 link to page 58 link to page 59 link to page 59 link to page 60
Judge‐alone trials
55
Excess Blood‐Alcohol Level
55
Excess Blood‐Drug Level
55
3rd and subsequent offences
56
Evidential certificates
56
EBT device certificates
56
Presumptions and evidence
57
Specimens of blood
57
Breath alcohol
57
Blood alcohol
57
Blood drug
57
Driver's age
57
Refusal to permit blood specimen to be taken
57
12. Medical Defence
58
Summary
58
Information Sharing
58
Medical Defence process
59
Step 1: Medical Defence documentation received and reviewed
59
Step 2: Assess whether the person complied with the instructions (if any) given by the health practitioner
60
link to page 2 link to page 2 link to page 2 link to page 2 link to page 2 link to page 2 link to page 48
Impaired driving
Policy statement and principles
What
This chapter outlines how New Zealand Police will enforce alcohol and drug impaired driving, specifically:
‑ the key stages of the alcohol and drug testing process, including:
‑ how and when each test will be carried out
‑ the criteria that will be applied at specific decision points.
‑ what happens if a driver tests positive for alcohol or drugs at any stage, including enforcement action.
Why
Alcohol and drugs can seriously impair the ability to drive ‐ they can slow reaction times and affect senses. As the level of driver
impairment increases, the risk of a crash also rapidly increases. The outcome risks also increase, for example fatal crashes involving
impairment are often accompanied by failing to wear seatbelts.
We know that:
‑ Alcohol consumption alone increases both the likelihood of a vehicle crash and the seriousness of the resulting injuries. As
the alcohol level rises, the risk of a crash increases.
‑ Consumption of drugs, including prescription drugs, can also impair driving. Many culpable drivers who have died or been
injured in road crashes, had consumed drugs.
‑ Combinations of alcohol and drugs are likely to have compounding effects on driver impairment.
Note: Statistics from crash reports that have listed alcohol and/or drugs as a contributing factor can be found on the Ministry of
Transport website.
How
Successful deterrence and enforcement of drug and alcohol impaired driving will inhibit these drivers and reduce the overall risk of
death and serious injury on our roads.
To help achieve this, all stopped drivers, regardless of why they have been stopped, and all drivers who have been involved in a crash,
regardless of who appears to be at fault in a crash,
must be subject to:
‑ an alcohol test
‑ an assessment for behaviours that might indicate impairment (whereby further action may be required e.g., a Compulsory
Impairment Test).
Testing should not be done on someone who requests a test, for example if they want to confirm they are under the limit before
driving. Testing people before they drive may encourage them to take impairing substances up to a limit. The message continues to be
that the only safe level for impairing substances while driving is zero.
Related policies and procedures
The Impaired Driving chapter should be read in conjunction with:
‑ OnDuty EBA resources
‑ Alcohol & Drug Impaired Driving Guide
‑
Blood tests at a hospital or medical centre
‑ Land Transport Act 1998 (LTA)
Definitions
For a full list of definitions for key terms and phrases pertaining to alcohol and drug impaired driving, see section 2(1) LTA.
5/63
link to page 2
Impaired driving
The 12‐part process for detecting and enforcing impaired driving
This document outlines the following:
1. General powers
2. Checkpoints
3. Alcohol impaired driving
4. Alcohol impairment test procedures
5. Compulsory Impairment Test
6. “Incapable of proper control” test
7. Blood taking procedures
8. Charging decision
9. Hospitalised drivers
10. Subsequent enforcement action
11. Prosecution files
12. Medical defence
This flowchart is intended as an overview only. For further detail of each procedure and offence see the specific sections within this
chapter.
Download a printable PDF version of the flowchart.
‑
PDF version of the flow chart
132.09 KB
6/63
link to page 2 link to page 2 link to page 2 link to page 10 link to page 7
Impaired driving
1. General Powers
Stopping a driver
Who is a
A driver is:
driver?
1. Anyone driving, or attempting to drive, a motor vehicle on a road
2. Anyone who you have good cause to suspect has recently committed an offence against the LTA that involves
driving a motor vehicle, or
3. If there has been a crash involving a motor vehicle:
‑ the driver of the vehicle at the time of the crash, or
‑ if you cannot ascertain who the driver was, anyone you have good cause to suspect was in the vehicle at the
time.
See section 68(1) LTA.
In charge of a Examples of being 'in charge' of a vehicle include situations where:
vehicle
‑ a passenger who is not driving, but refuses to hand over the keys has de facto control of the vehicle
‑ a person who parks a vehicle and walks away from it is in charge of the stationary vehicle, but not driving it.
Driver
In accordance with sections 13(1) & (2) of the LTA, a driver must comply with all lawful requirements, directions and
obligations requests made by an enforcement officer under sections 68, 69, 70, 71F, 72 and 73 of the LTA.
These sections of the LTA govern who must undergo alcohol testing and a Compulsory Impairment Test (CIT).
Vehicle stop Signal the vehicle to stop in accordance with section 114 Land Transport Act.
1. Ensure your safety and the driver's safety when conducting a vehicle stop or
checkpoint.
2. Check the driver's status and undertake any relevant enquiries.
3. If the vehicle fails to stop, respond in accordance with the
Fleeing Driver Policy.
Note: Police must ensure that vehicles are signalled to stop lawfully e.g., if utilising the powers under section 9 or 121
of the Search and Surveillance Act 2012, the association to then utilise LTA powers must be formed.
Safety
Signalling a suspected impaired driver to stop presents a high risk to your safety, as such drivers can be very
requirementsunpredictable.
You must:
‑ advise the Emergency Communication Centre (ECC) of your intention to signal a vehicle to stop, so they know
your location.
‑ ensure you are wearing your high visibility safety garment (day or night) to comply with the requirements under
the 'High Visibility Safety Garments' chapter.
‑ if you are double crewed, apply the contact and cover principles (in the 'Traffic patrol techniques' chapter)
during the vehicle stop.
Refer to 'Traffic patrol techniques' for the procedures related to safe and effective vehicle stops.
Entering a property
7/63
link to page 2
Impaired driving
Fresh Private property can be entered if in fresh pursuit and the officer has good cause to suspect the driver has:
pursuit
‑ failed to stop
‑ failed to give their name and address
‑ driven dangerously or recklessly, or
‑ recently been under the influence of drink, or drugs, or both (section 119(2) of the LTA).
Note: The reason for entry must be announced immediately (e.g., 'I now require you to undergo a breath screening test
without delay'). If asked to leave prior to doing so, the implied licence to remain at the property has been lost and the
property must be vacated. See Shackelford v Police | Westlaw NZ.
After entering:
‑ EBA: you may start the EBA procedure.
‑ CIT: provide their Bill of Rights advice, then you may start the CIT procedure.
To
A private property can be entered to arrest a person (section 8 of the Search and Surveillance Act 2012). Grounds for arrest
arrest must be established before you enter.
a
After entry:
person
‑ arrest the individual; then
‑ provide their Bill of Rights advice; then
‑ start the EBA or CIT procedure.
Do not enter then immediately start the EBA or CIT procedure, as that will be an unlawful entry (essentially entry would have
been effected to collect evidence which is not covered by section 8).
Arresting a person
8/63
Impaired driving
Power to arrest
1. Arrest without warrant can be made if there is good cause to suspect has (s120(1) LTA):
(a) committed an offence against any of sections 58 to 62 LTA
‑ driving under the influence of drink or drugs to the extent as to be incapable of having proper control of the
vehicle, or if the person’s blood as ascertained by analysis of blood specimen contains evidence of the use of
a controlled drug.
Note: must be arrested to enable blood to be taken under section 72 LTA.
‑ failure or refusal to remain at specified place or to accompany enforcement officer
‑ failure or refusal to permit blood specimen to be taken (or to undergo compulsory impairment test)
‑ drink/drug driving causing injury to a person
‑ causing injury or death in circumstances in which section 61 doesn’t apply.
(b) assaulted a Police employee or any enforcement officer while acting in the course of their official duty.
2. An enforcement officer may arrest a person without warrant if:
‑ the person does not complete a compulsory impairment test in a manner satisfactory to an enforcement
officer, who is trained to give the test, when required to do so by an enforcement officer under (section 71F of
the LTA).
Grounds to
To commence or complete EBA or drug testing procedures, Police may arrest impaired drivers when:
arrest
‑ the driver fails to accompany an enforcement officer to undertake a breath test, CIT, or blood test
‑ there are reasonable grounds to believe that a driver, if released, would be likely to risk public safety by
driving whilst still impaired, or would repeat the offence
‑ there is doubt about the driver's identity, and
‑ there is doubt that the driver would appear in court.
As some alcohol and/or drug impaired driving offences carry a term of imprisonment of more than three months,
general powers of arrest also exist.
If an arrested
The alcohol or drug procedures may be attempted if the driver has been arrested under section 120(1) LTA,
person is
including for the purpose of requiring the person to undergo a compulsory impairment test and:
suspected of an
‑ there is good cause to suspect that the driver has committed an offence against any of sections 56 to 62 LTA,
and
offence
‑ a medical practitioner has examined the driver and believes they may be under the influence of drink/drug,
or both, or
‑ the driver has refused to be examined by a health practitioner for the purposes of this paragraph (section
72(1)(d) LTA).
As alcohol and/or drug impaired driving offences (except for ION level offences) carry a term of imprisonment of
more than three months, general powers of arrest also exist.
9/63
link to page 2
Impaired driving
2. Checkpoints
Refer to the 'Traffic patrol techniques' chapter, which gives instruction and guidance on:
‑ powers to stop vehicles
‑ how to plan patrols
‑ carrying out vehicle stops
‑ interviewing drivers
‑ checkpoint planning.
Apply TENR at all times during the planning and execution of a vehicle stop or undertaking stationary enforcement.
10/63
link to page 2 link to page 2 link to page 2 link to page 2 link to page 2 link to page 47 link to page 11
Impaired driving
3. Alcohol impaired driving
This part applies to all Police employees with constabulary powers, and those authorised officers with specific delegations
(collectively referred to as enforcement officers).
All drivers involved in a crash or stopped for any reason should be subject to initial alcohol impaired driving procedures. This can
include the following tests:
1. Passive Breath Test
2. Breath Screening Test
3. Evidential Breath Test
An officer must require a driver to undergo a Passive Breath Test or Breath Screening Test if a device is available. Where there is not the
capability, a device can be brought to the location or, if there is good cause to suspect the person has consumed alcohol, they can be
required to accompany the officer to another location for a breath screening test.
Following a crash
If the driver is under the care of a health practitioner or medical officer at the crash site, only undertake breath testing procedures once
they are no longer under their care.
Also consider whether:
‑ it will interfere with their treatment (e.g., there is space for you to carry out the procedure)
‑ it will contravene the person’s safety (e.g., there is a safe place to do the procedure)
‑ the person’s level of injury does not prevent them from being able to physically do the test (e.g., they do not have breathing
difficulties)
If unable to carry out EBA procedures, consider requiring blood as per the
hospital blood section of this document (refer to section
73(1) LTA).
Zero limits for some drivers
The following drivers have a ZERO legal limit for breath/blood alcohol concentration (BAC). Depending on their age and/or driver
licence type, the presence of alcohol could result in the issue of an Infringement Offence Notice or a charging document.
‑ Zero Alcohol Licence holder [charging document],
‑ Alcohol Interlock Licence holder [charging document], or
‑
Driver under 20 years of age [ION if ≤150 micrograms of alcohol per litre of breath, charging document if 151 micrograms of
alcohol per litre of breath or more].
Driver under 20 years
Drivers under 20 years old are subject to a ZERO legal limit for breath/blood alcohol concentration. Conduct all alcohol testing
procedures for drivers apparently younger than 20 until you, or the driver is able to prove otherwise. Production of an apparently valid
driver licence may be proof of age. If a NIA check cannot be made until you return to a station, continue with the EBT procedure for
drivers under 20.
The meaning of 'apparently younger than 20'
Under section 71 LTA, you are entitled to regard a driver as being younger than 20 if they:
‑ produce a driver licence showing they are younger than 20
‑ produce a driver licence showing that they are 20 or older, but you have good cause to suspect:
‑ the licence has been issued to some other person,
‑ the licence is invalid, or
11/63
link to page 2 link to page 2 link to page 2 link to page 22 link to page 12 link to page 27 link to page 12 link to page 12 link to page 13
Impaired driving
‑ the driver fails to produce a driver licence and is unable to establish by some other means (e.g., the officer being able to bring up
details electronically) that they are 20 or older.
Note: No further steps need to be taken to ascertain a driver's age for section 69 LTA other than requiring the production of a driver
licence.
An overview of the alcohol testing process:
Download a printable PDF version of the flowchart.
‑
PDF version of Breath Testing a Driver flowchart
178.43 KB
Passive Breath Test
All drivers who have been involved in a crash, or stopped for any reason, must undergo a Passive Breath Test.
A Passive Breath Test (PBT) is conducted using a hand‐held device held in front of the driver’s mouth that they talk into. This will
indicate whether they have recently consumed any alcohol. The PBT must be conducted using an
approved device.
Officers can require any person who meets the criteria of section 68 to undertake a passive breath test.
Any driver that refuses a passive breath test may be required to undergo a
Breath Screening Test without delay.
Police does not have the power to elicit any information (for Land Transport enforcement purposes) except as detailed under section
114 LTA.
Outcomes following a PBT result:
No Alcohol
Alcohol
Refused Test
No Device
Detected
Driver is free to go if no other actions required.
Require to undergo Breath
Require to Accompany for
Screening Test.
Evidential Breath Test
If Good Cause to Suspect the driver has consumed drug or drugs,
'Go to Breath
'Go to Breath
'Go to
Evidential Breath Test
document and initiate
Compulsory Impairment Test
Screening Test'
Screening Test' '
Breath Screening Test
12/63
link to page 2 link to page 2 link to page 2 link to page 22 link to page 47 link to page 27 link to page 13 link to page 22 link to page 25
Impaired driving
A Breath Screening Test is conducted using an
approved device, which the driver will blow into.
All drivers may undergo a breath screening test (BST) where alcohol is suspected or detected. This includes all stopped drivers and
drivers (or suspected drivers) involved in a crash, regardless of who appears to be at fault.
If you attend a crash and the driver is under the care of a health practitioner or medical officer as a result of that crash, only undertake
BST procedures if it will not interfere with their treatment. If a BST is inappropriate in the circumstances, consider requiring blood as
per the
hospital blood section of this document. (refer to section 73(1) LTA).
Outcomes following a BST result
20 years or over
Under 20 years, Alcohol Interlock 20 years or over
or Zero Alcohol Licence
Pass
Under 251
1 ‐ 250
Over Over No
250 400 Machine
Driver is free to go if no other actions
Require to Accompany for Evidential Breath Test
If Good Cause to Suspect the driver has consumed a drug or drugs,
'Go to
Evidential Breath Test'
document and initiate
Compulsory Impairment Test
Evidential Breath Test
All drivers who fail or refuse a Breath Screening Test must be required to undergo an Evidential Breath Test without delay.
An Evidential Breath Test (EBT) is done using an electronic device the driver blows into; it gives a reading that can be used in court as
evidence of their breath‐alcohol concentration.
An EBT may be carried out in the following circumstances (refer to section 69(1) of the LTA):
1. a positive breath screening test result;
2. the driver failed or refused to undergo a breath screening test; or
3. a
breath screening device was not readily available or, for some reason, the test could not be undertaken and there is good
cause to suspect the driver has consumed alcohol.
Note: If you initiate the evidential breath testing procedure while operating a checkpoint, you must require the driver to accompany
you to a place for further testing, even if this is only to the nearby Mobile Road Safety Base or patrol vehicle.
Requiring the driver to accompany an enforcement officer
A driver is required to accompany an enforcement officer to a place where it is likely the driver can undergo testing if:
‑ the driver has undergone a breath screening test under section 68 LTA and the test appears to indicate that the proportion of
alcohol exceeds 250 micrograms of alcohol per litre of breath
‑ the driver holds an Alcohol Interlock or Zero Alcohol Licence and has undergone a breath screening test under section 68
indicates there is alcohol in the driver's breath
‑ it appears the driver is younger than 20, and a breath screening test undergone by the driver under section 68 indicates there is
alcohol in the driver's breath
‑ the driver fails or refuses to undergo a breath screening test without delay after being required to do so under section 68, or
‑ the person could be required to undergo a breath screening test without delay under section 68 but cannot be tested because:
13/63
link to page 2 link to page 2 link to page 2
Impaired driving
‑ a breath screening device is not readily available, or
‑ for any reason, a breath screening test cannot then be carried out, and/or
‑ there is good cause to suspect that the person has consumed alcohol.
In accordance with section 69(3) LTA, a driver can be required to accompany an enforcement officer under subsection (1) if it is likely
that the driver can undergo:
‑ an EBT at that place, whether or not it is likely that they do undergo a blood test there, or
‑ a blood test at that place, whether or not it is likely that they do undergo an EBT there.
If it is not practical to do an EBT at the first place, for example if test facilities are not available, section 69(2) LTA empowers an
enforcement officer to require the driver to accompany them to another place for an EBT, blood test or both. This is the last
opportunity provided in the legislation to take the person somewhere for an EBT.
Bill of Rights
Under section 23(1) of the New Zealand Bill of Rights Act 1990, requiring a driver to accompany an enforcement officer constitutes
'detention under an enactment'. This means the driver must be advised of their rights to access legal advice. Refer to the Breath and
Blood Alcohol procedure sheet (POL515) outlined in OnDuty.
Driver’s right to consult a solicitor
The driver has several opportunities to consult a solicitor throughout the testing process. Allow the driver a reasonable period to
consult and instruct a solicitor throughout the process as provided in POL515 (outlined in OnDuty). For further guidance, refer to
Lawyers in the New Zealand Bill of Rights chapter.
‑
Search and Surveillance Act 2012 and NZ Bill of Rights Act 1990
758.88 KB
Process overview
The EBT process is made up of the following steps:
1. Requiring the driver to undergo an EBT
2. Outcomes following an EBT result
3. Next steps following the detection of alcohol
4. Blood test (if applicable)
Use OnDuty EBA or the Breath & Blood Alcohol Procedure Sheet (POL515) to guide you through the process and record the information
required. Where the process chart refers to a POL515, this is also applicable to OnDuty EBA.
This process can be found in the following image:
Download a printable PDF version of the flowchart.
‑
PDF of the EBT Process
917.86 KB
14/63
link to page 2 link to page 2 link to page 2 link to page 2 link to page 25
Impaired driving
Further information on each step can be found at steps 1‐5 below.
Step 1. Requiring the driver to undergo an EBT
The driver can be required to undergo an EBT (without delay) in accordance with section 69(4) LTA where the driver has:
‑ accompanied an enforcement officer to a place under this section, or
‑ been arrested under section 69(6) and taken to or detained at a place to undergo, without delay, an EBT at that place.
When requiring to accompany, enforcement officers must give the driver advice, as detailed in OnDuty EBA or Block H on the POL515,
to comply with the requirement of section 69(4)(a). This advice confirms consequences for the driver of (continued) non‐compliance
and indicates advice about potential blood test fee and associated medical costs, whether or not the result of the blood test is
positive.
Further testing at another place
A person may be required to attend
further testing at another place for the purposes of an EBT, blood test, or both; if:
‑ an EBT cannot be conducted
‑ the person refuses an EBT.
Incomplete test results
An EBT machine will produce only one of two results. The actual test result or an incomplete test.
If a first EBT does not produce a result, the enforcement officer may:
‑ require the driver to undergo a further EBT (section 70(1) LTA); or
‑ require the person to provide a blood specimen (section 70(1) LTA).
Note: an EBT result does not technically exist until a numerical result is obtained (s70(1) LTA), i.e., an incomplete test is not an EBT
result.
Note: the test needs enough breath through the device to get a result. The test can be repeated if no result. However, if no result is
produced after a fair and reasonable number of attempts, require the person to provide a blood specimen.
Note: If you are conducting an evidential test in a confined space ensure that the ambient air is free from alcohol by ventilating the
space (e.g., if in a car, open the window slightly).
Step 2. Outcomes following an EBT result
The driver must be advised of their EBT result as soon as it is known, i.e. "without delay".
15/63
link to page 2 link to page 2 link to page 43 link to page 40 link to page 11 link to page 40 link to page 40 link to page 51 link to page 27
Impaired driving
All Drivers
20 years or Under 20 years
Alcohol Interlock &
All Drivers
over
Zero Alcohol
0 (Zero)
251 ‐ 400
1 ‐ 150 mcg/L
Over 150 Any positive result
Over 400 Refusal or No EBT
mcg/L
mcg/L
mcg/L
machine
Driver is free to go if no
Advise result without delay.
Require blood.
other actions.
ION
10 minutes to elect blood.
ION or go to Blood
Charging document or go to Blood Specimen Go to Blood
Specimen Election
Election
Specimen Election
Consider
Subsequent Enforcement Action
If good cause to suspect driver has consumed a drug or drugs, document and initiate
Compulsory Impairment Test
No result
If an EBT has been carried out on a person under section 69 of the LTA, and for any reason it failed to produce a result you can, at your
discretion:
• require the driver to undergo, without delay, a further EBT (section 70 of the LTA), or
• proceed as if section 72(1)(c) of the LTA applies, that is, the driver can be required to give a blood specimen.
(section 70(1) LTA)
It is not a requirement for a driver to provide two EBT results. If a driver undergoes an EBT and the result contains a numerical value,
there is no authority to require the person to undergo another EBT, regardless of whether a previous result gave a reading of "NO
SAMPLE" (see MOT v Muir [1991 BCL2135]).
Step 3. 10‐minute period to consider blood election
Before proceeding further after a positive EBT, remember:
‑ drivers who have not initially requested a blood test can change their mind within the ten‐minute period,
‑ officers must not give the impression that drivers cannot change their mind,
‑ officers are under no obligation to inform drivers that they are entitled to change their mind,
‑ once the driver has made a clear decision to elect a blood test, the 10‐minute period ends. Officers must give the driver the
opportunity to review their statement of election of a blood test, unless the driver declines or the officers TENR assessment
determines it is unsafe. The EBA app within OnDuty and the POL515 EBA procedure sheet Block L will prompt a signature from
the driver,
‑ call a health practitioner or medical officer to collect a blood specimen (POL540).
Note: Drivers 20 years or over who have returned a result between 251 and 400 mcgs/litre of breath are not eligible to elect a blood
test.
While the driver is coming to a decision:
‑ if the person asks a question, answer it directly and concisely without distracting the driver. Do not engage in conversation.
Note there is no obligation to answer any questions and avoid giving any opinion or advice
‑ if a substantial period of time is taken answering the driver’s questions or the period is unduly interrupted (e.g. they request to
speak with their lawyer), make a note of that. Based on the circumstances, it may be reasonable to recommence the 10‐minute
period because it must be without undue interruption.
The detention continues until the expiry of the 10‐minute period. If the driver attempts to leave within the 10‐minute period, they
should be warned of arrest. (Rae v Police [2000] 3 NZLR 452).
16/63
link to page 2
Impaired driving
Consider that the decision is made (to request or decline a blood test) when that decision is unequivocal, regardless of whether 10
minutes has elapsed. If there is any uncertainty as to whether a decision has been made, wait until the end of the 10 minutes.
At the end of the 10‐minute period, the enforcement officer is not required to ask the driver if they wish to elect a blood test. The
obligation to request a blood test is entirely on the driver. However, at the end of the 10‐minute period it is fair and reasonable to ask
them if they have made a decision (e.g., “you’ve reached the end of the 10‐minute period, do you wish to have a blood test?”).
If there is any discrepancy between the time displayed on the EBT device and that on your own device (e.g., your watch), note this on
the POL515. If using OnDuty EBA, use the manually populated time picker and use the time according to the phone.
Note: If they opt for a blood sample and then refuse, consider a charge for refusing blood under section 60 LTA (and the EBT result can
be included in the summary of facts). You cannot charge for both refusal and the excess breath result.
When the driver has made a decision
17/63
link to page 2 link to page 2 link to page 51 link to page 30 link to page 30 link to page 35
Impaired driving
If after 10‐
then...
minutes the
driver...
does not
‑ if the driver is a high risk or recidivist impaired driver, an arrest should be considered where bail conditions or
an opposition to bail would be considered appropriate to ensure public safety
request a
‑ where public safety is not at rise issue a Summons to Defendant (POL2141) in relation to the breath alcohol
blood test
offence, and
‑ consider
subsequent enforcement actions
Note: Section 29 of the Criminal Procedure Act 2011 empowers you to issue a summons, provided that the charging
document is filed:
‑ as soon as practicable after the summons is issued
‑ with a first appearance date not later than two months after the date of the summons.
If after 10‐
then...
minutes the
driver...
See also the summonses in the 'Criminal Procedure' chapter.
Caution: If the diver is under 18 years old, see information about children and young people who commit an
infringement offence in the 'Offense Notices' chapter.
chooses the
Once a driver has elected to undergo a blood test i.e., whenever that decision is made within the 10‐minute period, the
blood test
driver must undergo a
blood test. Officers must give the driver the opportunity to review their statement of election of
a blood test, unless the driver declines or the officers TENR assessment determines it is unsafe. The EBA app within
option and
OnDuty and the POL515 EBA procedure sheet Block L will prompt a signature from the driver. Call a health practitioner
gives a
or medical officer to collect a blood specimen.
specimen
Note: If the driver chooses a blood test, the choice is final, and it is not necessary to wait until the end of the 10‐minute
when required period to call the doctor or medical officer (Police v Irwin (1990) 6 CRNZ 171).
Note: If the driver refuses to remain for the result, they may be arrested (section 69(6) LTA).
Refer to the '
Blood Taking Procedure' section for further process details.
Step 4. Next steps following the detection of alcohol
Drivers under 20 years old
18/63
link to page 2 link to page 43 link to page 42
Impaired driving
Breath
Blood
Outcome
Result in Result in
mcg/L
mg/100ml
Under 150 Under 30
Infringement offence notice ($200 and 50 demerit points).
Right to elect blood test within the 10‐minute blood election period.
Consider forbidding to drive for 12 hours and confiscate the keys or immobilise vehicle as per the Forbidden
Driver Policy.
151 and
31 and
An offence.
above
above
Right to elect blood test within the 10‐minute blood election period.
However, if a blood test is taken for any reason and the result shows the presence of alcohol at a level of 30
milligrams or less of alcohol per 100 millilitres of blood, then an ION must be issued ($200 and 50 demerit
points).
Consider section 121 powers (forbidding to drive or confiscate car keys if you have reasonable grounds as
per Forbidden Driver Policy).
Drivers over 20 years old
19/63
link to page 2 link to page 43 link to page 43 link to page 43
Impaired driving
Breath Result Blood Result in Outcome
in mcg/L
mg/100ml
Under 251
Under 51
No further action (in respect of the EBA process).
Consider section 121 powers (forbidding to drive or take car keys if you have reasonable grounds as
per Forbidden Driver Policy).
251 ‐ 400
51 ‐ 80
Infringement offence notice.
Consider section 121 powers (forbidding to drive or take car keys if you have reasonable grounds as
per Forbidden Driver Policy).
Note: The result of the EBT is inadmissible (there is no blood test option).
401 ‐ 649
81 ‐ 129
An offence.
Right to elect blood test within the 10‐minute election period (as outlined in the Blood Test
Consideration Period in OnDuty EBA or 'Block L' on the POL515).
Consider forbidding to drive for 12 hours and confiscate keys or immobilise vehicle as per the
Forbidden Driver Policy.
Above 650
Above 130
An offence.
Right to elect blood test within the 10‐minute blood election period (as outlined in the Blood Test
Consideration Period in OnDuty EBA or ‘Block L’ on the POL515).
Must suspend the driver licence for 28 days.
Note: A suspension notice can be issued is a breath result above 650mcgs is obtained and the driver
elects blood.
Step 5. Admissibility of evidence
20/63
link to page 2 link to page 27
Impaired driving
Except as provided in section 69(4) LTA, a positive result of an EBT is
not admissible in evidence in proceedings for offences under
sections 56 to 62 LTA if:
The defendant was not advised by an enforcement officer without delay after the result was
OR The driver was advised of the
obtained, that the test was positive, and that if the driver did not request a blood test within
matters specified,
ten minutes, the test itself could be conclusive of evidence to lead to a conviction; where:
and
‑ the amount of alcohol exceeded 400 micrograms of alcohol per litre of breath, or
within ten minutes of being
‑ where the amount of alcohol exceeded 150 micrograms of alcohol per litre of breath
but did not exceed 400 micrograms of alcohol per litre of breath, unless the person was
advised, told the enforcement
20 or older.
officer that they wished to
undergo a blood test,
and
complied with section 72(2) LTA
(that is, permitted the specimen to
be taken).
(section 77(3)(a) & (b) LTA)
Exception
Subsection 77(3)(a) LTA does not apply if the driver failed or refused to remain at the place where the test was taken until they could
be advised of the result.
(section 77(4) LTA)
No Defence
There is no defence to proceedings for an LTA offence concerning the proportion of alcohol in a driver's breath if:
‑ there was, or may have been, an error in the breath screening test result or EBT, or
‑ the occurrence, or likely occurrence, of any such error did not entitle or empower a driver to request or require an EBT.
(see section 64(4) of the LTA)
Note: Whether or not the driver requests blood, no defence ( 4) and (5)) is available on the basis that the EBT machine was faulty.
Step 6. Subsequent enforcement action
The option to initiate further enforcement activity can be considered at the conclusion of the alcohol impairment process.
If the results of any alcohol tests are negative, or do not explain the driver's level of intoxication, and there is good cause to suspect the
driver has consumed a drug or drugs, document the reasons for suspicion and arrange for a
compulsory impairment test to be
conducted.
Note: At the completion of any impairment testing the safety of the person should always be considered. All reasonable steps should
be undertaken to ensure the driver has arrangements to get to their desired locations safely.
21/63
link to page 2 link to page 2 link to page 2 link to page 2 link to page 2 link to page 2 link to page 12 link to page 12 link to page 13 link to page 30
Impaired driving
4. Alcohol impairment test procedures
Testing steps
The procedure for testing drivers for alcohol impairment is set out in The Land Transport (Breath Tests) Notice 2015 and sections 68 to
74 of the LTA. These sections outline:
1.
Passive Breath Test
2.
Breath Screening Test 3.
Evidential Breath Test 4.
Blood Test
Usually, the first test carried out is a passive breath test.
Use the OnDuty EBA or POL515 to ensure correct testing
OnDuty EBA or the Breath & Blood Alcohol Procedure Sheet (POL515) should always be used, as they include a guide to the process,
which includes providing the required Bill of Rights advice. Remember that in any defended hearing, the defence is likely to challenge
how an alcohol impairment test was administered.
Approved devices
Breath testing devices must be approved, assembled, tested and results interpreted according to the Land Transport (Breath Tests)
Notice 2015. It is necessary to be able to explain how the test was carried out and satisfy the court that it was administered according
to the requirements of the Notice.
This table details the devices currently approved for use.
Device
Device purpose
Type of test
name
Dräger
This device tests the alcohol concentration of the driver’s breath electronically. It displays a digital reading Passive breath
7510NZ
“No Alcohol”, or “Alcohol” on its screen.
test.
It displays a digital reading “Pass”, “Under 250”, “250✛Over”, or “Over 400” on its screen.
Breath
screening test.
It displays a digital reading of the ‘Evidential’ result.
Evidential
breath test
Previously used devices are the 6510 and 9510NZ. These devices should no longer be used as they will not be calibrated. If you find one
of these devices, it must be returned to Police Calibration Services.
Breath screening test ‐ Passive breath‐testing devices
To conduct an effective passive breath test (section 68(4) LTA), select ‘passive’ from the test menu and hold the device 2 ‐ 5cm away
from the driver's mouth (like a microphone). Ask the driver to slowly count to ten and push the ‘OK’ button to take the reading when
the driver has reached a count of four. This is because alcohol vapour sits at the bottom of the lungs and the most accurate reading is
when the person has exhaled most of the air from their lungs.
Note: Using or not using a passive breath test alone does not affect the validity of the breath screening test i.e. if a driver is suspected
of having consumed alcohol, a breath screening test can be conducted without conducting a passive breath test.
Breath screening test using Dräger 7510NZ
22/63
Impaired driving
Follow these steps to carry out a breath screening test with a Dräger 7510NZ device.
StepAction based on passive test result
1
Select 'Screening' from the display panel, then press 'OK'.
2
Tell the driver: "I now require you to undergo a breath screening test without delay".
3
Attach a mouthpiece to the device's breath inlet port, then press 'OK' to confirm.
4
Require the driver to blow through a mouthpiece steadily and for a period long enough to provide a breath specimen sufficient
for analysis.
5
When the person stops blowing, check the display panel.
If the
This means...
Then...
panel
shows...
Insufficient
‑ insufficient breath specimen has been provided for analysis
‑ press the 'OK' button, and
volume
‑ repeat the test, unless there is a reason
to believe the driver has failed, or
refused, or will continue to fail, or refuse
to undergo the test without delay.
‑ the test is negative. The indicator light will display a steady
‑ the driver is free to go, unless testing for
green
drugs is to be undertaken.
‑ the proportion of alcohol in the driver's breath does not
If under 20 years, Alcohol Interlock or Zero
exceed 250 micrograms of alcohol per litre of breath. The
Alcohol Licence holder
indicator light will be a steady amber
‑ require the driver to undertake an EBT
If 20 years or over
‑ the driver is free to go, unless testing for
drugs is to be undertaken.
‑ the proportion of alcohol in the driver's breath exceeds 250
All drivers
micrograms of alcohol per litre of breath (but does not exceed
400 micrograms of alcohol per litre of breath). The indicator
‑ require the driver to undertake an EBT.
light will alternately flash amber/red
23/63
link to page 2 link to page 2 link to page 2 link to page 2 link to page 51 link to page 42 link to page 52 link to page 52 link to page 53 link to page 52
Impaired driving
‑ the proportion of alcohol in the driver's breath exceeds 400
All drivers
micrograms of alcohol per litre of breath. The indicator light
will be a steady red
‑ require the driver to undertake an EBT.
6
Notify the driver of the result.
Test results
If the result …
then...
Is positive (i.e. above 400 mg of Process the driver for alcohol impaired driving, and
forbid them from driving for up to 12 hours as
alcohol per litre of breath)
appropriate under section 121 LTA.
Check NIA for any convictions entered against the driver within the last four years for specified
offences.
If there...
then...
is one previous
suspend their driver licence for 28 days (section 95(1) LTA).
conviction
are two or more
suspend their driver licence for 28 days (section 95(1)(a)(i)(A) and (B) LTA), and
previous convictions
impound their vehicle for 28 days (section 96(1)(d)(i ) LTA).
Exceeds 650 micrograms of
in all cases,
suspend their driver licence for 28 days under section 95(1)(a)(i )(A) LTA.
alcohol per litre of breath
Evidential breath test (EBT) procedures
Devices and facilities
Dräger 7510NZ is an approved portable hand‐held EBT device.
The EBT procedure can be conducted at the roadside or other such place (if appropriate, and in accordance with TENR). If it is not
practical to do an EBT at the first place, for example if test facilities are not available, s69(2) LTA requires the driver to accompany the
enforcement officer to another place for an EBT, blood test or both.
A driver must be required to accompany, even if it is to a nearby patrol car or Mobile Road Safety Base to continue testing procedures.
Note: The thermal printout paper used in the
DRÄGER 7510NZ reacts with tape; staples should be used to attach the printout to the
EBA Checksheet instead.
EBT using Dräger 7510NZ
Follow these steps to carry out an EBT with a Dräger 7510NZ.
24/63
link to page 2
Impaired driving
StepAction
1
Select 'Evidential' from the display panel, then press 'OK'.
2
Say to the person: "I now require you to undergo an Evidential Breath Test without delay".
Note: The term 'without delay' means 'as soon as reasonably practical'.
3
The testing sequence starts by selecting 'Evidential'.
4
‑ follow the instructions on the device's panel
‑ attach a new mouthpiece to the breath inlet port and instruct the driver to blow through the mouthpiece steadily until
they have provided a breath specimen sufficient for analysis. A continuous clear tone will be heard when the driver is
blowing into the device correctly
‑ repeat as required, until the testing sequence has been completed.
5
The results of these steps are on the printout and include the EBT result which indicates the number of micrograms of alcohol
per litre of breath.
Where two samples are provided, the lower of the two results is the EBT test result.
If. . .
Then. . .
only one sufficient sample has been provided and the result is 600 the EBT result will be that result.
or below,
only one sufficient sample has been provided and the result is
that will print out as an incomplete test, and the test may be
over 600mgms,
repeated.
the EBT result shows "Incomplete Test",
the test has been unable to be carried out and the test may be
repeated.
Procedure for further testing at a second place
Follow these steps for further testing at a second place.
25/63
Impaired driving
StepAction
1
Ensure the driver is cautioned: "I now require you to accompany me to the . . . . . . . . . Police station (or other such place) for the
purpose of an Evidential Breath Test, blood test, or both."
2
Ensure you caution the driver as detailed in OnDuty EBA or on the POL 515.
3
There is no obligation to discuss the consequences of a failure to accompany an enforcement officer with the driver. Do not
threaten or discuss arresting the driver to further the process of securing evidence of intoxication.
If arrest is mentioned in relation to the EBT process, it must also be mentioned that bail could be available.
Refer to El icock v Courtney (1992) 8 CRNZ 390 (HC) on failure to mention bail.
26/63
link to page 2 link to page 2 link to page 2
Impaired driving
5. Compulsory Impairment Test
An officer may only require a person to undergo a Compulsory Impairment Test if they have good cause to suspect that the person has
consumed a drug or drugs.
An enforcement officer should not require a person to undergo a CIT if the driver has failed the EBA process.
Note: If someone returns a positive result for alcohol, then they should not undertake a CIT unless there is a specific reason for doing
so.
The CIT process is made up of the following:
1. Consideration of a CIT
2. Outcomes of a request for a CIT
3. Blood test
Process overview
Download a printable PDF version of the flowchart
‑
PDF of the CIT Procedure
174.88 KB
Consideration of a CIT
The CIT is designed to test the driver's ability to concentrate on and carry out two or more tasks at the same time. This includes:
‑ an eye assessment
‑ a walk and turn; and
‑ a one leg stand assessment.
Trained enforcement officers also talk to the driver about any medical conditions that may affect their ability to perform the CIT.
If the driver fails, they may be forbidden to drive and required to have a blood test.
27/63
link to page 27
Impaired driving
Approved The CIT must be undertaken in accordance with the Land Transport (Compulsory Impairment Test) Notice 2009. The
CIT
court will require an explanation of how the CIT was carried out and that it was administered in accordance with the
Notice.
Use the CIT Form (POL1115) to ensure the correct CIT procedure is followed, appropriate advice, and Bill of Rights is
given. If the driver fails to complete the CIT in a manner satisfactory to a CIT trained enforcement officer, is charged and
pleads not guilty, the defence is likely to challenge how the test was administered.
Who can
While any enforcement officer can
require someone to undergo a CIT, provided they have good cause to suspect the
conduct a driver has consumed a drug or drugs, only enforcement officers who have successfully completed the Compulsory
Impairment Test training can administer a Compulsory Impairment Test (CIT).
CIT?
Note: Use the CIT Form (POL1115) to record all factors you have relied upon to establish good cause to suspect the driver
has consumed a drug or drugs.
Who can be Section 71F(1) of the LTA, provides that any enforcement officer who has good cause to suspect that a driver has
required to consumed a drug or drugs may require these people to undergo a CIT without delay:
undergo a
‑ a driver of, or a person attempting to drive, a motor vehicle on a road whom the enforcement officer has good
cause to suspect has recently consumed a drug or drugs
CIT?
‑ if an accident has occurred involving a motor vehicle:
‑ the driver of the vehicle at the time of the accident, or
‑ if the enforcement officer is unable to ascertain who the driver of the motor vehicle was at the time of the
accident, a person whom the enforcement officer has good cause to suspect was in the motor vehicle at the
time of the accident.
Good cause An enforcement officer must have ‘good cause to suspect’ that a driver has consumed a drug or drugs in order to require
to suspect the driver to undergo a CIT (section 71F of the LTA).
Good cause to suspect has been defined as "a reasonable ground of suspicion upon which a reasonable [person] may
act" (Police v Inoke HC AK CRI‐2006‐404‐103 6 June 2006).
28/63
link to page 8 link to page 48
Impaired driving
Obligations A driver required to undergo a CIT must:
of driver
‑ remain in the place where stopped, for a period of time that is reasonable in the circumstances, to undergo the
CIT, or
‑ accompany an enforcement officer to another place to undergo the CIT if going to be administered in another
place. See 'CIT location' below.
(section 71F(3) LTA)
A driver who has undergone a CIT must remain at the place where they underwent the test, until after the result of the
test is ascertained.
An enforcement officer may arrest a driver without warrant, if they refuse or fail to remain stopped or accompany the
enforcement officer as required. See '
Powers to arrest'.
Bill of Rights
Requiring a driver to undergo a CIT, or to accompany an enforcement officer to a place for the purpose of undergoing a
CIT, constitutes 'detention under an enactment' (section 23(1) of the New Zealand Bill of Rights Act 1990). Accordingly,
the driver must be advised of their rights pursuant to that detention. Ensure the requirements in these documents are
complied with:
‑ EBA Check Sheet via OnDuty EBA or the POL515.
‑ CIT Form (POL1115).
CIT location If possible, a CIT should be carried out at the nearest police station or other place that provides a safe environment to
conduct the CIT and provides the necessary means for the driver to speak to a lawyer, if required.
Note: When choosing the location to administer the CIT, consider the proximity to other people/bystanders, the surface
on which the test will be conducted, and other distractions which may affect the result of the CIT. The location of the CIT
may have implications during a prosecution if it is thought that a driver has been unfairly dealt with.
CIT
If a CIT is initiated while operating a checkpoint, the driver must be required to accompany an enforcement officer to a
initiation at safe place to conduct a CIT and given Bill of Rights advice. See ‘CIT Location’ above for further guidance.
an alcohol
checkpoint
Drivers in It is unreasonable to require an injured driver under care of healthcare services to undergo the assessments required for
hospital or a CIT. Instead, drivers in hospital would proceed straight to a blood test. See '
Blood tests at a hospital or medical centre'.
a medical Fol owing their release from hospital or a medical centre.
centre
If there is good cause to suspect the driver has consumed a drug or drugs, they may still be required to undertake the
CIT.
Any injuries sustained in the crash would need to be minor, and there would need to be minimal time delay between the
crash and conducting the CIT.
29/63
link to page 2 link to page 2
Impaired driving
If no CIT
Consider options under section 121 of the LTA, including FARMED:
trained
‑ Forbid to drive
staff
‑ All keys surrendered
available
‑ Render immovable
‑ Move vehicle to a safe place
‑ EBA procedures
‑ Direct to rest.
Outcomes of a request for a CIT
If a driver who has been
Then…
Specimen
required to undergo a CIT…
Charge
(1st or 2nd
offence)
refuses to accompany an officer Arrest and charge with refused to accompany an enforcement officer. Take the driver to A836
to undergo a CIT
a location for a trained enforcement officer to conduct a CIT.
failed to remain for a CIT
Arrest and charge with failed to remain for a CIT.
A837
refuses to undergo a CIT
Arrest and charge with refused to undergo CIT.
A840
does the CIT then fails to remain Arrest and charge with fails to remain for the result of a CIT.
A839
for the result
does not complete the CIT in a Advise the driver of CIT result without delay and require them to provide a blood
n/a
satisfactory manner
specimen without delay (give further Bill of Rights).
completes the CIT in a
Advise the driver of result without delay and release them. Consider forbidding to drive n/a
satisfactory manner
where appropriate.
Note: This table is not comprehensive ‐ refer to the Legislative Reference Table (LRT ‐ Code Book) for a full list of offences. The driver
must be advised of their CIT result without delay.
Blood test
If the driver has not satisfactorily completed the CIT, then the next stage is to require a blood specimen to be taken. Consider options
under section 121 of the LTA, including FARMED:
‑ Forbid to drive
‑ All keys surrendered
‑ Render immovable
‑ Move vehicle to a safe place
‑ EBA procedures
‑ Direct to rest
Note: Drivers commit an offence if they do not satisfactorily complete a CIT and a blood specimen taken under section 72 LTA,
contains evidence of a qualifying drug. This is pursuant to section 57A(1), section 57B(1) and section 57C(1) of the LTA.
30/63
link to page 35
Impaired driving
Refer to the '
Blood Taking Procedure' section for further process details.
31/63
link to page 2 link to page 2 link to page 8
Impaired driving
6. Incapable of proper control
All drivers should be subject to a medical examination where equipment or the availability of trained officers limit standard alcohol
and drug impaired driving processes.
This diagram shows the procedure an enforcement officer should follow for an incapable offence.
Download a printable PDF version of the flowchart
‑
PDF of Incapable of Proper Control
195.19 KB
Section 58 of the LTA makes it an offence for a driver to be under the influence of drink and/or a drug to such an extent as to be
incapable of having proper control of the vehicle.
Incapable offence procedures
Step Action
1
Ask the driver if they have:
‑ consumed drink or drugs (including medicines) recently
‑ any medical condition that may affect their driving ability.
Also consider whether the driver could be fatigued.
2
Note the results and general observations of the driver. Think 'evidence' all the time and note the driver's:
‑ eyes
‑ smell of breath
‑ speech, for example, slurred or rapid.
If the driver gets out of the motor vehicle, note:
‑ how they walk, for example, if they are staggering
‑ their ability to stand, for example, unsteady or stumbling.
Note: Block E of the CIT Form (POL1115) provides a checklist of driver characteristics that can indicate impairment.
3
Arrest the driver under section 120(1) of the LTA if necessary, if there is good cause to suspect the driver has committed an
offence against any of s58, s59, s60, s61 or s62 of the LTA. Refer to 'P
ower to arrest' for details.
32/63
link to page 2 link to page 35 link to page 51 link to page 40
Impaired driving
4
Contact a medical practitioner to conduct a medical examination to provide supporting evidence that the driver is incapable of
driving. Get the medical practitioner to note their observations on the Medical Practitioner's Clinical Report (Motor Vehicle)
(POL525), and whether the driver agrees to be examined, or not.
5
S72(1)(d) of the LTA requires that a blood specimen be taken if the person has been arrested under section 120(1) of the LTA and
the person has been required to undergo testing, and there is good cause to suspect that the driver has committed an offence
against s58, s59, s60, s61 or s62 of the LTA, and either:
• a medical practitioner has examined the driver and believes they may be under the influence of drink/drug, or both, or
• the driver has refused to be examined by a medical practitioner for the purposes of the above.
Note: it is not necessary for evidence of incapacity to be given by a medical practitioner; an officer’s evidence will suffice if it is
proved they are sufficiently qualified by training or experience to express an opinion as to the person’s capacity to drive: Blackie v
Police [1966] NZLR 910 (CA)
6
At this point, have a blood specimen taken under s72(1)(d) LTA.
Note: If the driver refuses the request, charge the driver with
refusing a request for blood (s60 LTA).
7
Complete the Blood Specimen Medical Certificate (POL540), and if the enforcement officer or the medical staff believe the driver
is under the influence of a drug, direct ESR to a drug analysis also (by ticking the box for 'Hospital ‐ DI / s58 (incapable)' in Part D
of the POL540).
8
If required, an enforcement officer may immobilise the vehicle under section 121 LTA
‑
forbid the driver to drive (POL406)
‑ direct the person to obtain rest
‑ take the keys to the vehicle
‑ remove the vehicle to a place where it does not constitute a hazard.
9
Send the
blood specimen to ESR for alcohol and/or drug analysis.
Outcomes of incapable offence procedures
33/63
link to page 40 link to page 42
Impaired driving
If the driver is under arrest and…
Then…
Specimen
Charge
(1st or
2nd
offence)
the driver refuses a medical practitioner's examination
Require a
blood specimen to be taken.
the driver is deemed by a medical practitioner to be under the influence of
Go to
Charging Decision when a result is
drink or drug
obtained.
the driver refuses a health practitioner or medical officer's request for a blood Charge with failed to permit a blood
A305
specimen
specimen to be taken.
the driver permits blood specimen to be taken by a health practitioner or
Forbid to drive (POL406) under section 121
medical officer
LTA and release.
ESR Analyst's Certificate indicates the presence of drugs and/or alcohol,
Charge with incapable of proper control of a A101,
and/or the medical practitioner certified the driver as being incapable of
motor vehicle if alcohol result is under the
A102 or
EBA limit.
having proper control of a motor vehicle
A109
Note: A blood specimen is not a requirement
to prove this offence but will assist a
successful prosecution.
A ‘s58(1)’ incapable of driving offence can be based solely on a medical practitioner's examination that deems a driver to be incapable
of proper control of a vehicle. In some circumstances, this offence can progress based solely on an officer’s experience, although it
may be difficult to prove.
Note: This table is not comprehensive ‐ refer to the ‘LRT ‐ Code Book’ for a full list of offences.
34/63
link to page 2 link to page 3 link to page 3 link to page 3 link to page 3 link to page 3 link to page 3 link to page 30 link to page 35
Impaired driving
7. Blood taking procedures
When to do a blood test
Only a health practitioner or medical officer authorised under s72 or s73 LTA can take a blood specimen.
Note: Ensure you are satisfied that the person taking the blood meets the definition of health practitioner or medical officer as per the
interpretation section of the LTA (s2 LTA).
Driver’s request
If an EBT result is positive, a driver has the right within 10 minutes of being advised of the admissibility matters set out in s77(3)(a), to
elect to have a blood test (s70A(1) of the LTA).
Once the driver has requested a blood test, the enforcement officer must require a blood specimen to be taken (s72(1)(b) LTA) and the
driver must permit the blood specimen to be taken (s72(2) LTA).
Officer’s request
Under s72 LTA, an enforcement officer can require a blood specimen to be taken by a health practitioner or medical officer, if:
‑ a driver fails or refuses to undergo, without delay, an EBT
‑ a driver has provided a positive EBT and elects to undergo a blood test
‑ an EBT device is not readily available
‑ it is not practical for the blood specimen to be taken at the place where the driver has been required to allow it to be taken. The
driver must, under s72(3) LTA, accompany an enforcement officer to any other place where it is likely that it can be taken, or
‑ the driver has been arrested under s120(1) LTA.
The person is required to undergo a blood test on expiry of the 10‐minute period, or when the person elects to undergo a blood test.
Upon
requiring a blood specimen, (in accordance the 10‐minute period section via OnDuty EBA or Block M of the POL515), complete
the Blood Specimen Medical Certificate POL540 and obtain the
driver's consent.
Driver Consent
Conditional consent
‑ the driver must submit to the blood test without delay when requested by Police and medical officer.
‑ they cannot dictate who will take the blood specimen, or its manner of collection; the blood is taken in accordance with normal
medical procedures for the collection of venous blood.
Note: An attempt by a driver to impose conditions on the taking of their blood amounts to refusal to provide a blood specimen.
Obtaining drivers consent for a blood test
Follow these steps to obtain consent for a blood test.
35/63
link to page 3 link to page 3 link to page 3 link to page 47
Impaired driving
StepAction
1
If using OnDuty EBA, follow the prompts in the blood test section or alternatively read:
‑ part M of the POL515 (alcohol).
‑ block Q of the POL1115 (CIT)
After reading the form to the driver always give a simple explanation and answer any questions.
Then ask: "Do you consent to the taking of a blood specimen?"
2
If the driver consents to the taking of a blood specimen, request a medical officer or health practitioner to attend the location.
Once the driver has elected a blood specimen, they cannot change their mind.
Note: If they then refuse, consider a charge for refusing blood under s60 LTA (with the EBT result included in the summary of
facts).
Note: Most stations and mobile road safety bases have an established roster of on‐call practitioners who will take blood
specimens. This must be kept in a secure location.
3
If a medical officer or health practitioner cannot attend, but is available elsewhere, the driver may be required to accompany an
enforcement officer to that place if it is fair and reasonable to do so.
Note: You can only change locations twice.
Caution: This requirement applies
only after the driver has been formally required to give a blood specimen.
4
Add the driver's details to the Blood Specimen Medical Certificate (POL540).
Exclusions for hospitalised drivers
s72 LTA does not apply if the driver is under examination, care or treatment in a hospital or medical centre. The provisions relating to
taking blood specimens in those circumstances are set out in s73 LTA.
Refer to '
Hospitalised Drivers’ for further information.
Driver Refusal
Outright refusal
If the driver refuses to give a blood specimen:
‑ record their reason in OnDuty EBA or on the POL515 or POL1115 and charge the driver with refusing blood in accordance with
these steps in the table below
‑ do not try to persuade them to give consent, or threaten the driver with arrest.
36/63
link to page 3 link to page 3
Impaired driving
Step Action
1
Record details of refusal, interaction with medical staff and Docloc with the OnDuty EBA or POL515 or POL1115.
2
Charge with an offence under s60(1), as appropriate.
Deemed refusal
If a driver permits medical officer or health practitioner to take blood but the attempt is unsuccessful, due to physical or medical
reasons, record the details of the failure and create a NIA alert.
Note: Blood to be taken in accordance with normal medical procedures, which would not normally exceed two attempts. However, it
is for the blood taker to comply with their professional standards.
The driver does not commit a refusal offence at this stage; however, the person may be presumed to have refused to permit a blood
specimen if the same failure to provide blood occurs in the future.
Please refer to this sample alert:
‑
Section 60 Sample Alert
3.7 MB
Remember: The maximum penalty for refusing to give a blood specimen is the same as that for being over the legal blood alcohol
limit, or being convicted of driving while impaired with the presence of a qualifying drug.
Note: If a person refuses to permit a blood specimen to be taken it is not required for the purpose of a prosecution to prove they were
the driver of a vehicle on a road, only that there was good cause to suspect they were:
• a driver or a person attempting to drive
• a driver who has recently committed an offence against the LTA
• in the vehicle at the time of a crash, if the officer is unable to determine who the driver is.
(See s60(1) of the LTA).
Procedure if driver changes their mind after opting for a blood specimen
37/63
link to page 3 link to page 52 link to page 53 link to page 8
Impaired driving
StepPolice action
1
Ask the driver to give their reason for changing their mind. Note any explanation on the OnDuty EBA, POL515 or POL1115.
2
In cases of alcohol impairment, consider charging the driver with refusal (the EBA result can be referred to in the summary of
facts).
Note: A positive EBT result becomes inadmissible only if the driver provides a blood specimen following a decision to do so and
otherwise complies with the requirement to remain at the place until advised of the result of the test (s77(3) LTA).
Note: A positive OFT result becomes inadmissible only if the driver provides a blood specimen following a decision to do so, and
otherwise complies with the requirement to remain at the place until advised of the result of the test (s77A(3) LTA).
3
If they have not been charged under EBA provisions (s95(1)(a) LTA), consider
suspending the driver's licence for 28 days, effective
immediately.
(s95(1)(b) LTA).
4
Check NIA for previous convictions. If the driver has been convicted of two or more applicable qualifying offences within the last
four years
, impound the vehicle for 28 days, starting immediately (s96(1)(d) LTA).
5
Consider arresting the driver ‐ but only if you are satisfied that it is necessary to do so. See
'Power to arrest'.
Note: An arrest may be made if… [the driver fails or refuses to allow a blood specimen to be taken when an enforcement officer,
medical officer or health practitioner requires it (s120 LTA)].
Refer to s120 LTA for powers to arrest.
The blood test procedure
The O/C case (officer who initiated EBA procedure or CIT trained enforcement officer) that has led to taking a blood specimen must:
‑ Oversee the blood specimen taken.
‑ Ensure the blood specimen collection kit has not expired at the time of use.
‑ Ensure the specimen is secured as per the blood kit pack instructions for evidential purposes.
‑ Note the time the blood specimen was taken in part C of POL540. Note: time is only recorded by the person taking blood in part
C of POL540 as it is an action taken by them. If the O/C makes a notebook entry with a different time, issues may arise at court.
Wichart v Police [2019] NZSC 104: Police failed to record the batch number of a blood specimen collecting kit containing the
defendant’s blood samples. This meant that the expiry date for the testing kit was unknown. It was found that no miscarriage of justice
had occurred because there is no requirement that a blood specimen collection kit be used before a nominated expiry date under the
LTA or Land Transport (Blood Specimen Collecting Instrument and Procedure) Notice 2014. Using an expired kit is inconsistent with
Police policy and should not occur, but is not unlawful.
38/63
link to page 3 link to page 3 link to page 3 link to page 40
Impaired driving
Haines v Police [2018] NZCA 323: The driver’s blood sample was stored in a container which expired before it was sent for independent
analysis (upon the driver’s request). The Court of Appeal held that no miscarriage of justice occurred because:
• there were sufficient legislative safeguards to negate a miscarriage of justice;
• Police complied with its internal policies regarding vacutainers; and
• the expiry date related to the integrity of the vacuum and not the stability of the compounds. Independent analysis could have been
completed but for the laboratory’s internal policy.
Blood taking procedure
Follow these steps to take blood.
Step Police action
1
The O/C case:
‑ completes Part A and Part D of the Blood Specimen Medical Certificate (POL540).
2
Ensure the medical officer or health practitioner:
‑ confirms the driver's consent to provide a blood specimen for analysis
‑ completes Part B of the POL540 if a hospital blood specimen is obtained
‑ completes Part C of the POL540.
Remember: redact irrelevant sections in parts B and C.
‑ personally opens the sealed blood specimen collection kit and ensures is not expired
‑ takes sufficient blood for the drawing of the blood specimen into the two vacutainers. If insufficient blood is taken on the
first occasion, the medical officer or health practitioner must request the driver to give another specimen, and the driver
must undergo one more venepuncture immediately
‑ seals each vacutainer with the tamper‐evident security seal
‑ writes the surname of the driver on both vacutainers
‑ attaches a barcode sticker to each copy of the POL540 form and to each vacutainer
‑ thoroughly agitate each vacutainer to mix the blood with the preservative and anti‐coagulant contained in them
‑ correctly completes the Blood Specimen Medical Certificate (POL540), keeps the green medical copy and hands the
original form and pink copy to the O/C case, and the yellow copy to the driver
‑ hands the plastic bag containing the blood kit and the kit's procedure card to the O/C case.
3
The O/C case must then place the POL540, blood kit plastic bag and procedure card on the prosecution file. See 'Dealing with
blood specimens'.
4
The O/C case must send the blood specimen to ESR with the correct packaging making sure to include the pink ESR copy of the
POL540.
Remember: ensure the courier customer label is affixed to part G (not put in the ‘courier book’).
Post blood taking procedure
Advise the driver they will be notified of the test results when they are known. This is usually within 2 ‐ 3 weeks for alcohol, and within
3 ‐ 4 weeks for drugs.
If required, follow the licence suspension and vehicle impoundment procedures.
Summary
39/63
link to page 3 link to page 3 link to page 3 link to page 42 link to page 42 link to page 51
Impaired driving
Action
Outcome
Blood Specimen Collected
Advise the driver that they will be notified of the test results when they are known. This
is usually within 14 ‐ 21 days for alcohol, and 28 days for drugs.
Blood specimen
No NIA alert of
Docloc OnDuty EBA or POL515, POL1115 with POL540 and details of blood‐taking
cannot be obtained. previous attempts
attempt and medical staff.
NIA alert for
Constructive Refusal.
constructive refusal Go to
Charging Decision
exists
Blood Specimen
Create Charging Document.
Collection Refused
Go to
Charging Decision
Consider
Subsequent Enforcement Action
Handling blood specimens
Blood specimens are the basis of a blood alcohol/drug driving prosecution. They must be handled and stored appropriately.
Blood specimens
A blood specimen taken under s72 or s73 LTA is drawn into two vacutainers. Each vacutainer is considered to be a separate blood
specimen. Ensure they are thoroughly shaken, sealed, the driver's surname is written on each vacutainer, barcoded and secured to
preserve the chain of evidence.
Note: The blood specimen needs to be secured by the officer immediately after it is taken to ensure the driver cannot attempt to
destroy the sample.
Sealing blood specimen vacutainers
Follow these steps to seal a blood specimen:
Step
Action
1
Use the tamper evident security seals provided in the Blood Specimen Collection Kit.
2
Seals must go over the rubber caps and down the sides of the vacutainers.
3
Once applied, do not attempt to remove or re‐adjust the seals.
Once the O/C case has the blood specimens they must:
‑ check that the driver's surname and barcode number on the vacutainers are identical to those on the Blood Specimen Medical
Certificate (POL540)
‑ pack the vacutainers for transport following the instruction provided in the kit
‑ store the specimens as per station requirements, until the kit can be sent to ESR.
40/63
link to page 3 link to page 3 link to page 3 link to page 3 link to page 3 link to page 3 link to page 3 link to page 42 link to page 51
Impaired driving
Deliver the specimen
Within seven days (s74(3) LTA) after the date the specimen is taken, the O/C case must deliver the blood specimen, or cause it to be
delivered, to ESR for the analysis of one vacutainer and the custody of the other. A courier can be used to deliver the blood specimens,
or they can be personally delivered. Registered post must not be used.
Chain of evidence
For evidential reasons, it must be possible to prove the chain of evidence. Secure the specimen once it is taken (using a locked fridge
or locker). Use a courier or deliver in person according to district procedure.
Refer to the 'Packaging, handling, and storage of exhibits' section of the 'Exhibit and property management' chapter of the Police
Manual for further details.
Outcomes following blood alcohol test result
All drivers
20 or Under Alcohol
All drivers
over 20
Interlock &
Zero
0 (zero)
51‐80 1 ‐ Over 'Any positive
Over RefusalInsufficient blood
30 30 result'
80
Notify the driver of the result, and no
Issue
ION Complete File and go to Charging Notify the driver of the result, and no drink
drink impaired driving charge
Document
impaired driving charge. Create NIA alert.
Consider
Subsequent Enforcement Action
DNA sampling
When to request a DNA Sample
Part 2B of the Criminal Investigations (Bodily Samples) Act 1995 does not require Police to take a DNA sample from every driver to be
summonsed for a drink or drug impaired driving charge. The Act provides Police employees with discretion as to whether they will use
this power or not. The discretion must be exercised appropriately with consideration given to each case on an individual basis which
must be justifiable. Refer to the 'DNA sampling' (Part 2B Operational Sampling guidelines) for further details.
Who should be present when a DNA sample is taken
s52 of the Criminal Investigations (Bodily Samples) Act 1995 stipulates those persons who can be present when a DNA sample is taken
from a person under this Act. Other than the exceptions provided by the Act, no‐one unrelated to the sampling process can be present.
Refer to the 'DNA sampling' chapter for further details.
Request for independent specimen analysis
The driver or their lawyer may apply in writing for one of the two blood specimens to be sent to a private analyst, under s74(7) LTA.
This application must be made within 28 days of:
‑ the date the summons is served; or
‑ the date of arrest, following arrest on a warrant issued under s34 of the Criminal Procedure Act 2011; or
‑ in any other case, the date on which the driver is first charged in court (i.e. the date of filing the charging document).
41/63
link to page 3 link to page 3 link to page 3 link to page 56 link to page 56 link to page 53
Impaired driving
8. Charging decision
Drivers who meet the level of proof for alcohol or drug driving offences will be charged, or issued an ION.
If a person's breath or blood alcohol reading results in a charging document, identify any applicable qualifying offence to ensure the
correct specimen charge is used.
Note: Where there is an event and immediate infringements are available, but there is also the potential for a further ION or charge
from an ESR result, then you need to wait until you have the ESR result before issuing any infringements. The reason for this is to
ensure multiple demerit points aren’t incorrectly loaded against a driver.
Alcohol impaired driving charging decision
The EBT machine or
Analyst's Certificate shows:
‑ an alcohol result below the legal limit for the driver's age, then:
‑ inform the driver of the result, and
‑ that no further action will be taken in respect of an EBA charge
‑ if the driver's licence has been suspended and vehicle impounded, return them immediately unless otherwise warranted
‑ an alcohol result at an infringement level for the driver's age, then:
‑ inform the driver of the result and
‑ issue an ION
‑ an alcohol result at an offence level for the driver's age, then:
‑ prepare prosecution file and serve a copy of the
analyst's certificate (if applicable) and a summons on the driver as soon
as possible, and arrange for a charging document to be filed
‑ copies can be served to the driver by mail, or in person.
And if:
‑ the alcohol result exceeds 650 micrograms of alcohol per litre of breath or exceeds 130 milligrams of alcohol per 100 millilitres
of blood then:
‑ the person's licence must be suspended for 28 days, unless it has already been suspended for 28 days for the excess
breath alcohol reading from the same incident.
Note: Consider impounding the vehicle ‐ Refer to '
Impounding a vehicle' of this chapter.
Note: Consider charging with for combination offences where both drugs and alcohol have been detected. See the 'Charging Table'
below.
Note: Refer to the Legislative Reference Table (LRT ‐ Code Book) for a full list of offences.
ESR Analyst’s Certificate for Blood Alcohol
The ESR Analyst’s Certificate for blood alcohol reports a point value and a confidence interval. It also provides an interpretive
statement of the result, linked to charging thresholds.
For example:
42/63
link to page 3
Impaired driving
On analysis of the blood specimen by J Doe, analyst, a proportion of 110 ± 5 milligrams of alcohol per 100 millilitres of blood was
found in the specimen.
There is a greater than 99.9% probability that the proportion of alcohol in the blood specimen is greater than 80 milligrams per 100
millilitres.
Police will report and make a charging decision on the lower value. For the example above, the officer will deduct 5 from the point
value to give a reading of 105. This value, being the lower end of the confidence interval, is to be recorded as the blood level on the
charging document and the summary of facts.
Examples:
Type of Driver
ESR Result per 100ml blood
Value Charging Decision made on
Decision
Value Recorded
ION SoF Charge Doc
Under 20 years old 25 ± 3
25 ‐ 3 = 22
ION
22
34 ± 3
34 ‐ 3 = 31
Summons
31 31
Adult full licence
85 ± 5
85 ‐ 5 = 80
ION
80
86 ± 5
86 ‐ 5 = 81
Summons
81 81
110 ± 5
110 ‐ 5 = 105
Summons
105 105
136 ± 6
136 ‐ 6 = 130
Summons
130 130
138 ± 7
138 ‐ 7 = 131
Summons
131 131
331 ± 18
331 ‐ 18 = 313
Summons
313 313
Download the ‘Charging Table poster' for your station.
Note: Staff are reminded that s75 LTA only requires Police to produce a copy of the ESR Analyst’s Certificate for a blood alcohol result.
A statement from an ESR analyst will only be required if ordered by the court. Contact the National Traffic Prosecutions Advisor, Police
Prosecutions, PNHQ should you require further information.
Drink driving infringement offence notices
43/63
link to page 3
Impaired driving
When…
Then…
a driver 20 years or over, without an Alcohol Interlock or Zero Alcohol Licence,
Send the completed evidential documents to the
provides a breath result of 251‐400 micrograms of alcohol per litre of breath or 51‐
Police Infringement Bureau, once the ION is
80mg/100 milligrams of alcohol per 100 millilitres of blood.
affirmed, for processing.
‑ this file must include the:
OR
‑ Breath & Blood Alcohol Procedure sheet
a driver under 20 years, without an Alcohol Interlock or Zero Alcohol Licence,
(POL515) with the ION number (Block O),
provides a breath result of 1‐150 micrograms of alcohol per litre of breath or 1‐30
‑ officers' notebook entries,
milligrams of alcohol per 100 millilitres of blood.
‑ ESR analyst's certificate (where
applicable),
‑ POL540 (where applicable), and
‑ any other applicable documents.
If using OnDuty EBA, you can create the ION from
the OnDuty EBA. On submit, a NIA occurrence
will automatically be created.
Note: If an electronic copy of the EBA process is completed, the POL515 and ION will go straight to the Police Infringement Bureau. If a
hard copy of the EBA process is completed, an ION number must be attached to the POL515 and forwarded to the Police Infringement
Bureau.
Refer to the 'Traffic patrol techniques' chapter for guidance on collection of specified particulars under s113 LTA. For guidance on
photographing at checkpoints, refer to ‘Part 6 ‐ Road blocks and stopping vehicles for search purposes’ in the ‘Search’ chapter of the
Police Manual.
Note: If a CARD event was created for the incident, ensure the CARD event number is recorded in OnDuty EBA where required, the
Notes section of the ION where necessary, and on page one of the POL515 or POL1115.
Charging documents for offences that don't fall within the infringement range should be processed within district using existing
processes.
Note: Consider charging with for combination offences where both drugs and alcohol have been detected. See the Charging Table.
Cost recovery
If a driver's blood alcohol reading results in a charging document, the blood test fee and associated medical expenses are deemed a
fine upon conviction and can be sought as costs from the court.
If a driver's blood alcohol reading does not contravene the Land Transport Act or where the driver is 20 years old or over and an
infringement offence notice is issued, costs may be recovered through civil cost recovery. Contact the Manager: Operational Support:
National Road Policing Centre for advice ([email address]).
Refer to the following table for offences for age and licence types.
44/63
link to page 3 link to page 3 link to page 3
Impaired driving
Download a printable PDF version of the flowchart.
‑
pol004 Impaired Driving PDF
630.42 KB
Drug driving charging decision
Changes to the LTA explained
The Land Transport (Drug Driving) Amendment Act 2022 introduces many more offences than existed prior to March 2023. This is
because enforcement officers must now make enforcement decisions that take into account:
‑ three tiers of drug drive offending (infringement offences, combination infringement offences and criminal offences)
‑ evidence arising by way of a blood analysis (e.g., hospital bloods), potentially in combination with alcohol results
‑ ongoing availability of the CIT regime (where an officer has good cause to suspect the driver has consumed a drug or drugs)
‑ ongoing availability of a charge under s58 where a driver is incapable of proper control of a motor vehicle
‑ a driver’s age and driver licence status (e.g., is the driver aged under 20, does the driver hold an alcohol interlock or zero alcohol
licence?)
‑ the driver’s history of similar offending.
Drivers who return positive blood tests for multiple drugs or for drugs and alcohol will be subject to higher penalties resulting from
combination offences. This is to reflect the higher crash risk associated with consuming multiple impairing substances.
Schedule 5 of the LTA is a list of 25 qualifying drugs (“listed” qualifying drugs). An expert panel was appointed to determine risk posed
by drivers after consumption of drugs commonly used in New Zealand. The panel was tasked with determining levels of drugs thought
to be impairing (tolerance level) and highly impairing (high risk level). The ‘tolerance’ and ‘high‐risk’ thresholds are comparable to the
infringement (30mgm) and charge level (80mgm) currently in place for adult alcohol offending.
“Listed” Qualifying Drugs
Where a drug is a listed qualifying drug, blood level alone determines the enforcement response (ION or charging document). It will be
dependent on whether the person’s blood is below or above the tolerance level, and again whether it’s above or below the high‐risk
level. Where a listed qualifying drug is found in a person’s blood at a level below the tolerance level that person has not committed a
drug drive offence.
Tolerance level
Prima facie outcome
Below
No further action.
Above
Dependent on high‐risk level (will be either ION or charging document).
High‐risk level
Prima facie outcome
Below
Infringement level offence.
Above
Offence and liable to prosecution.
For example, the tolerance level for methamphetamine is 10ng/ml and the high‐risk blood concentration is 50ng/ml of blood. This
means a driver whose blood methamphetamine level exceeds 50ng/ml of blood has (provided the other elements of the offence are
45/63
link to page 3 link to page 3 link to page 3 link to page 3 link to page 56 link to page 46
Impaired driving
made out) committed an offence and will be charged. Whereas a driver who returns a blood level of 25ng/ml (which is below the high‐
risk blood concentration level of 50ng/ml) has prima facie committed an infringement offence.
“Unlisted” Qualifying Drugs
For all unlisted qualifying drugs, the difference between enforcement by way of infringement notice and enforcement by way of a
charging document (in most cases) is the person’s performance in a CIT. This is because the detection of an impairment indicates that
the person is a high risk to other road users; accordingly, a higher penalty is appropriate.
However, a person who has given blood while undergoing medical treatment cannot be required to undergo a CIT (s73 of the LTA). In
these cases, (where a person’s blood indicates use of an unlisted qualifying drug and they have not undergone a CIT) an ION is the
appropriate enforcement response.
These outcomes are summarised as follows:
Evidence of unlisted drug and…
Prima facie outcome
No Impairment detected
Infringement level offence.
Impairment detected
Offence and liable to prosecution.
Unable to determine impairment (i.e. undergoing medical treatment)
Infringement level offence.
For further information, refer to Schedule 5 of the LTA.
Blood test result
The ESR approved analyst sends the analyst's certificate, which records the result, to the enforcement officer named in Part D of the
Blood Specimen Medical Certificate (POL540).
For further information:
‑
'Evidential certificates'
‑
New infringement and criminal offences and penalties.
Errors in enforcement procedure
It is no defence to proceedings for an offence that a provision forming part of s68 to s75A and s77 of the LTA has not been strictly
complied with or has not been complied with at all, provided there has been reasonable compliance with such of those provisions as
apply.
(s64(2) of the LTA)
s68 to s75A and s77 of the LTA set out the enforcement procedures for offences involving intoxication.
This 'reasonable compliance' provision is to be liberally applied: Police v Tolich (2003) 20 CRNZ 150 (CA).
New infringement and criminal offences and penalties
The new infringement and criminal offences and penalties can be found in the 'Charging Table'.
46/63
link to page 3 link to page 3 link to page 3
Impaired driving
9. Hospitalised drivers
Breath tests and CIT procedures may not be administered on a driver who has been taken to a hospital or a medical centre as a result
of a motor vehicle ‘crash or incident’. However, testing may be resumed or carried out after the driver is no longer under the care,
treatment or examination of the hospital or medical centre staff.
Where possible, all drivers in a hospital or medical centre after a crash or incident or injury involving a motor vehicle are to have a
blood specimen collected, in accordance with s73 LTA, for impaired driving procedures.
Note: The driver is no longer considered to be ‘in hospital’ once they have received treatment and are free to go home Teretai v
Ministry of Transport 19/8/86, Thorp J, HC Auckland AP83/86].
Note: If the driver is admitted to hospital and they discharge themselves prior to treatment, then you can start the breath testing
procedure at that time.
When can blood tests be taken?
A blood specimen may only be taken at a hospital or medical centre if the health practitioner who is in immediate charge of the
driver's care or another medical officer or health practitioner has reasonable grounds to suspect the person is there as a result of
(s73(5) LTA):
‑ a crash or incident involving a motor vehicle; or
‑ an injury or a medical condition arising after a crash or incident involving a motor vehicle; and
‑ be satisfied that the test will not prejudice the driver's care or treatment.
The blood test can be for alcohol and/or for evidence of a qualifying drug as defined under s2(1) of the Land Transport Act 1998. ESR
analysis will usually test for alcohol first and then for drugs, however, will stop when a single offence against the LTA is confirmed.
Where a hospital blood sample returns a positive result for alcohol, but drugs were also suspected, and there is a public interest in
further testing being conducted, the officer in charge can make a request for the blood sample to be tested for drugs. References to
where this is available will generally be made on the analyst certificate.
Note: A medical centre means any place where a medical examination or medical care or treatment is carried out or given.
Situations where it is unclear if the driver is impaired by alcohol or drugs
If it is suspected that a driver may have been impaired by alcohol and/or drugs, a request can be made to the health practitioner in
charge of the driver's care to take a blood specimen or have another medical officer or health practitioner do so (s73(3)(b) LTA).
Note: Always remember that while the health practitioner or medical officer has full responsibility for the patient, they must comply
with a request, except in circumstances where taking a blood specimen would be prejudicial to the driver's proper care and treatment.
In practice it is unlikely that taking a blood specimen would be prejudicial to a person’s proper care of treatment.
47/63
link to page 3 link to page 3 link to page 3 link to page 40
Impaired driving
Notifying the driver of the reason for a blood specimen
The health practitioner or medical officer must tell the driver that a blood specimen is being taken for evidential purposes under s73
LTA.
If the driver is unconscious, the health practitioner or medical officer taking the specimen must notify the driver in writing that the
blood specimen was taken for evidential purposes under s73 LTA by providing the driver with the driver's copy (yellow sheet) of the
Blood Specimen Medical Certificate (POL540).
Consent
A driver in hospital must permit a blood specimen to be taken. If a driver refuses or fails to permit the health practitioner or medical
officer to take a blood specimen, they have committed an offence under s60(1)(c) LTA.
It is sufficient to obtain a statement from the health practitioner or medical officer to this effect and charge the driver when
appropriate. The POL540 provides suitable text as the basis for any statement from the health practitioner.
Note: A driver who is in a hospital or medical centre as a result of an accident involving a motor vehicle cannot be required to undergo
an EBT (s69 or a CIT).
Hospital or medical centre blood test procedure
Step
Action
Take blood
Hospital or medical centre staff will provide:
specimen
‑ a sealed blood specimen collection kit
‑ the Blood Specimen Medical Certificate (POL540).
Inform the health practitioner or medical officer that the person they are in charge of is suspected to be the
person who was, or may have been if the driver is unknown, the driver involved in the accident or incident
involving a motor vehicle, and request that a blood specimen be taken.
The health practitioner or medical officer should open the sealed blood specimen collection kit and take a blood
specimen in accordance with the instructions supplied with the kit.
Note: Hospital blood specimens must be treated as evidence and handled appropriately. They must be shaken,
sealed, the driver's surname must be written on each vacutainer, barcoded and secured to preserve the chain of
evidence.
48/63
link to page 3 link to page 42 link to page 51 link to page 50
Impaired driving
Complete Blood
Part A of the POL 540 must be completed by either the O/C case, the medical officer or health practitioner.
Specimen Medical
Part B of the POL 540 is specific to hospital or medical centre blood specimens, and must always be completed
Certificate (POL540) when a hospital blood specimen is taken.
Part B must be completed by the health practitioner who is in immediately responsible for the
driver’s/suspected driver’s care.
Part C must be completed by the health practitioner or medical officer who actually took the blood specimen.
Remember: redact irrelevant sections in Parts B and C of the POL 540.
After taking the blood specimen and completing the POL540, the medical officer or health practitioner:
‑ hands the vacutainers to the enforcement officer named on the certificate
‑ provides the driver with the yellow driver copy of the POL540 to notify a driver who is unconscious that a
blood specimen was taken for evidential purposes under s73 LTA
‑ keeps the green medical copy.
The O/C case:
‑ attaches the original form to the prosecution file
‑ ensures the pink ESR copy goes with the blood specimens.
Remember: ensure the O/C case is recorded on the POL 450.
Note: If the driver is suspected of drug impairment, tick the box that represents the process for which the blood
sample was obtained in Part D of the Blood Specimen Medical Certificate (POL540).
Summary of outcomes
Action
Outcome
Blood Specimen Collected
Advise the driver that they will be notified of the test results when they are known ‐
usually, within 2‐3 weeks for alcohol, and within 3‐4 weeks for drugs.
Health practitioner in charge refuses
No further action for alcohol or drug driving. (This is rare).
specimen as prejudicial to drivers care.
Blood Specimen Collection Refused
Create Charging Document.
Go to
Charging Decision.
Consider
Subsequent Enforcement Action.
On receipt of the ESR analyst's certificate see
'Receiving and notifying a blood test result'.
49/63
link to page 3
Impaired driving
Outcomes following blood test result
Outcomes following a blood specimen taken in hospital or medical centre (s73 LTA): see the Charging Table.
50/63
link to page 3 link to page 3 link to page 3 link to page 3 link to page 3 link to page 3 link to page 3 link to page 7 link to page 7
Impaired driving
10. Subsequent enforcement action
Ensure all subsequent enforcement actions are taken against drivers to mitigate road safety risks.
The following actions may be applicable after processing impaired drivers.
Download a printable PDF version of the flowchart.
‑
pol004 Suspension Licence PDF
194.75 KB
Forbidding a person to drive
When a person may be forbidden to drive for up to 12 hours
Someone may be forbidden to drive if the person:
‑ is incapable of having proper control of the vehicle (due to any physical or mental condition)
‑ has not completed a CIT satisfactorily or has failed to undergo a CIT altogether
‑ has failed or refused to permit a blood specimen to be taken (either through the EBT or CIT processes).
It must be also in the interests of the driver and public to forbid that person.
When a person must be forbidden to drive for up to 12 hours
Someone must be forbidden to drive if the person has a positive EBT result (s121(3) LTA).
This applies regardless of whether the blood testing process is undertaken.
Incapable of proper control
The prosecution does not have to prove that the
driver in charge intended to drive the vehicle, but it must be able to show the driver
was incapable of having proper control of the vehicle because of their physical or mental condition.
This means an enforcement officer does not have to wait to see if they drive or attempt to drive before intervening.
Powers to forbid a person to drive are outlined in s121 of the LTA.
How to enforce prohibition
A prohibition can be enforced by:
‑ requiring the driver, or
person in charge of the vehicle, to surrender all vehicle keys, and/or
‑ rendering the vehicle immobile (no damage to the vehicle is permissible).
Forbid to drive in writing
51/63
link to page 3 link to page 3 link to page 3 link to page 3 link to page 42
Impaired driving
StepAction
1
Make the prohibition in writing on the Road Safety Directive POL406, advising that the driver, or person in charge of the vehicle, is
forbidden to drive any motor vehicle.
2
State where and when the keys (or other part of vehicle removed to make it immobile) can be uplifted.
3
Provide access to a phone to arrange transport home. For security reasons do not offer personal issue mobility devices.
4
Notify your FMC or Support Officer to load the alert immediately. If Winscribe is used, provide the driver’s name, DLICNO, the
creation date, and period of forbidding.
Failure to comply
If the driver fails to comply with any direction or carries out any forbidden act, they commit an offence under s52(1)(c) and s121(4) LTA
and, if necessary, can be arrested.
Remember the power under s122 to seize and impound the vehicle for a period not exceeding 12 hours if there are reasonable grounds
to believe public safety is at risk. But there must be no other action that can be taken.
What to do with seized keys or vehicle parts
Put the seized keys or removed vehicle part in the watchhouse and record the details in the Seized Key Book before the end of shift.
If vehicle is moved to a safe place
If the vehicle has been moved to a safe place (or to remove a road hazard), record details of this in the Towed Vehicle Log and enter a
NIA alert against the vehicle.
Suspending a driver licence
Suspension requirements:
Under s95 of the LTA, a driver's licence must be suspended (including an overseas driver licence) for a period of 28 days in the
following circumstances:
Type of Offence
offending
Alcohol A person has been convicted within the last four years of an
applicable offence and a breath test exceeds 400 micrograms
of alcohol per litre of breath, or a blood sample exceeds 80 milligrams of alcohol per 100 millilitres of blood.
Applicable offences: offences concerning alcohol or drug impaired driving.
A blood sample exceeds 130 milligrams of alcohol per 100 millilitres of blood (unless the licence has already been
suspended for 28 days for an excess breath alcohol reading from the same incident).
A breath test exceeds 650 micrograms of alcohol per litre of breath.
Drugs
A blood sample exceeds the high‐risk level for a qualifying drug.
A blood sample is positive for an unlisted qualifying drug after the person failed to complete a CIT in a manner satisfactory
to an enforcement officer.
Refusal A person failed or refused to undergo a blood test.
Speeding A person exceeds the permanent posted speed limit by more than 40 km/h,
or
A person exceeds any other speed limit by more than 50 km/h.
52/63
link to page 3 link to page 3 link to page 3 link to page 3 link to page 41
Impaired driving
Applicable offences
Offences against any of s56(1) or (2), s57A(1), s57B(1), s57C(1), s58(1), s60(1), or s61(1) or (2) LTA, mandate the immediate suspension
of a driver's licence and may give rise to the impoundment of the vehicle for 28 days, if the driver has been previously convicted of any
of these offences in the past four years.
Demerit points
Under s90 of the LTA, a driver's licence (including an overseas driver licence) must be suspended for a period of three months if a
person receives a total of 100 or more demerit points in any two‐year period.
Refer to Licence suspensions for further information.
Impounding a vehicle
Impoundment requirements relating to driver's alcohol and drug levels:
Under s96(1)(d) of the LTA, a vehicle must be impounded for a period of 28 days where a driver has been convicted within the last four
years of two or more applicable offences and:
Type of
Further offence
offending
Alcohol
Their breath test exceeds 400 micrograms of alcohol per litre of breath.
Their blood sample exceeds 80 milligrams of alcohol per 100 millilitres of blood.
Drugs
A blood sample exceeds the high‐risk level for a qualifying drug.
A blood sample is positive for an unlisted qualifying drug after the person failed to complete a CIT in a manner
satisfactory to an enforcement officer.
Refusal
They fail or refuse to undergo a blood test after having been required or requested to do so under s72 or 73.
Refer to the 'Impounding vehicles' chapter of the Police Instruction for further details.
DNA sampling
Refer to '
When to request a DNA Sample' for further information.
53/63
link to page 3 link to page 3 link to page 3 link to page 3
Impaired driving
11. Prosecution files
Remember your obligations under the 'Criminal Disclosures' chapter.
General
Prosecution file content:
Prepare the Prosecution File in accordance with the 'Prosecution File Preparation' guide.
Infringement offences
Drink and drug driving offences that are infringement offences should generally be pursued by issuing an infringement offence notice.
Infringement offences may also be brought to court by way of a charging document. However, this must not be done unless the driver
is charged with other, related non‐infringement offences arising from the same incident, e.g., careless driving, assaulting the
enforcement officer, etc. Even then, if alcohol or drug consumption would not be seen as an aggravating factor of the other offence, or
if the drink or drug driving offence is not related to the other offence (e.g., establishing that the enforcement officer was acting in the
course of his or her duty), an infringement offence notice should be issued.
Where an infringement offence is heard in court (either by way of a charging document or by a person requesting a hearing of an
infringement offence notice) the prosecution file must be prepared to the same standard as for any other prosecution, as above.
Reminder: if a person is convicted of an offence against any of sections 56‐62 that relates to the driving or attempting to drive a
vehicle being used in a transport service, s63 of the LTA applies.
Combination offences
Where combination offences for impaired driving occur involving at least one offence, but no combination offence is available, staff
should proceed by way of filing charging documents for all relevant offences arising from the circumstances. This allows the courts to
assess the offending in its totality, acknowledging the risk that the combination of drugs and alcohol present to the safety of our roads
and communities.
Where combination offences occur for impaired driving but only involve infringement offences, no offences are required to be filed
with the courts.
Where combination offences for impaired driving occur involving at least one other offence (for example dangerous driving), then
where relevant to the circumstances of the offending consideration should be given to filing charging documents for all relevant
offences.
Combination offending where combination offences are not available:
54/63
link to page 3 link to page 4 link to page 4 link to page 4 link to page 42
Impaired driving
Combination Offending
Example
Action
Combination of impaired driving offending at
ION ‐ drug
Issue infringements.
infringement level.
ION ‐ alcohol
Combination of impaired driving offending at
ION ‐ drug
Where relevant to the circumstances of the offending consideration
infringement level ‐ other relevant offending.
should be given to filing charging documents for all offences.
ION ‐ alcohol
If the charge was not relevant (for example theft) then infringements
Charge ‐
should be issued.
Dangerous
Driving
Combination of impaired driving offending ‐ at ION ‐ drug
File charging documents for both offences.
least one of which is an offence.
Charge ‐
alcohol
Combination of impaired driving offending ‐ all Charge ‐ drugs File charging documents for both offences.
offences.
Charge ‐
alcohol
Seeking medical expenses and analysis costs from offenders
s67 of the LTA provides that a person convicted of a specified drug/alcohol driving offence for which a blood test was taken is liable to
pay the relevant blood test fee and associated medical expenses. Costs are not recoverable for infringement offences, even if the case
is taken to court on a charging document.
Costs associated with drink impaired driving infringements, for the collection and analysis of blood specimen, are a debt to the Crown
and not recoverable at court, even if the person is taken to court on a charging document. Refer to
'Cost recovery' advice under the
'Alcohol impaired driving charging decision' section.
Blood specimen analysis costs are found in the Land Transport (Blood Test Fee) Notice 2023.
Police must seek recovery of these costs at court although they may not always be ordered. Request the costs in the Summary of
Facts.
Judge‐alone trials
Excess Blood‐Alcohol Level
In a Judge‐alone trial for EBA, the O/C case must check the:
‑ blood option was given without undue delay; and
‑ the correct Advice of Positive Evidential Breath Test Notice (contained in the OnDuty EBA or Breath & Blood Alcohol Procedure
Sheet POL515) was used; and
‑ an evidential statement from the O/C.
Well before the hearing, the O/C case must make a request to the Police Calibration Unit by way of Road ‐ Evidential Device Certificate
Request on Outlook for a certified copy of the device's certificate of compliance. This must be produced at the hearing. Allow time to:
‑ receive the copy by mail
‑ disclose a copy of the certified copy to defence counsel well before the hearing.
Excess Blood‐Drug Level
Fol owing a CIT
In a Judge‐alone trial, the O/C must include in their evidence:
55/63
link to page 4 link to page 4 link to page 4
Impaired driving
‑ the process as described in the POL1115 and the POL540 has been followed; and
‑ an evidential statement from the O/C; and
‑ an evidential statement from the person who conducted the CIT (if different), including the date they received their CIT training;
and
‑ an evidential statement from the Health Practitioner who took the blood sample (where necessary); and
‑ an evidential statement from ESR (where necessary).
Where necessary, ensure the reasons for the driver not satisfactorily completing the CIT are explained. To merely say the driver did not
satisfactorily complete the CIT is insufficient. Refer to Police v Harding DC CRI‐2010‐069‐622.
Fol owing a Crash (Hospital bloods)
In a Judge‐alone trial, the O/C must include in their evidence:
‑ the process as described in the POL540 has been followed; and
‑ an evidential statement from the O/C; and
‑ an evidential statement from the Health Practitioner who took the blood sample (where necessary); and
‑ an evidential statement from ESR (where necessary).
3rd and subsequent offences
Certified copies of the previous offences must be obtained from the court of issue as part of a 3rd and subsequent charge under s56(4)
LTA. The certified copy is to satisfy s139 of the Evidence Act 2006.
Evidential certificates
The contents and evidential status of all certificates pertaining to alcohol and drug impaired driving are set out in s75 LTA. Also see s79
LTA for the circumstances where certificates are not admissible as evidence.
Certificates for specimens
Except as provided in s79, production of a certificate described in s75(2)‐(6) is, in the absence of proof to the contrary, sufficient
evidence of:
‑ the matters stated in the certificate
‑ the sufficiency of the authority and qualifications of the person by whom it is made
‑ if a certificate is signed by an analyst, of the person who carried out the analysis.
(s75(1) LTA)
Certificates referred to in s75(2), (3) and (4) are not admissible if the court orders under s79(1) that the health practitioner or medical
officer who gave the certificate to appear as a witness at trial.
Certificates referred to in s75(5) and (6) are not admissible if the court orders under s79(3) that the person who made the analysis or
the approved analyst who gave the certificate to appear as a witness at trial or (in the case of a specimen being sent for private
analysis) the person who delivered the specimen, or the person who gave the specimen to the courier, or the approved analyst who
gave the certificate, is to appear as a witness at trial.
These certificates are not admissible in such circumstances:
• s75(2): Blood Specimen Medical Certificate (POL 540).
• s75(3) and (4): Blood Specimen Medical Certificate (POL 540).
• s75(5): Analyst's Certificate.
• s75(5): Analyst's Certificate (specimen sent for private analysis).
EBT device certificates
In the absence of proof to the contrary, a document purporting to be a certificate of compliance, or a certified copy of one must be
treated as such and is conclusive evidence of the sufficiency of the authority of the person who signed it.
56/63
link to page 4 link to page 4 link to page 4 link to page 4 link to page 4 link to page 4 link to page 4 link to page 11
Impaired driving
A certificate produced in the correct manner is for all purposes conclusive evidence of the matters stated in the certificate. Neither the
matters stated in the certificate, nor the manufacturer's specifications for the device may be challenged or questioned in any
proceedings for an offence involving excess breath alcohol recorded by the device. s75A(3) and (4) LTA refers.
Presumptions and evidence
Specimens of blood
In proceedings for an offence against the LTA, it is presumed in the absence of evidence to the contrary, that:
‑ if a certificate referred to in s75 LTA names a person having the same name, address and occupation as the defendant as the
person from whom the specimen of blood was taken, the specimen was taken from the defendant
‑ every approved analyst who signed a certificate referred to in s75(5) LTA was duly authorised to sign it
‑ if the vacutainer in which a blood specimen was collected was received in a sealed blood specimen collecting kit, the vacutainer
contained a preservative and anti‐coagulant (whether or not this comprised two or more substances)
‑ (s76(1) LTA).
Breath alcohol
It is conclusively presumed that the proportion of alcohol in a driver's breath at the time of the alleged offence was the same as the
proportion of alcohol indicated by the EBT. (s77(1) LTA)
Blood alcohol
It is conclusively presumed that the proportion of alcohol in a driver's blood at the time of the alleged offence was the same as the
proportion of alcohol in the blood specimen.
(s77(2) LTA).
Blood drug
It is to be conclusively presumed that the proportion of a qualifying drug in the defendant’s blood at the time of the alleged offence
was the same as the proportion of the qualifying drug in the blood specimen. (s77A LTA)
Driver's age
If a certificate referred to in s143 LTA is produced in EBA proceedings involving a person who is
apparently under 20, it is presumed, in
the absence of evidence to the contrary, that the date stated in the certificate as the person's date of birth is accurate. (s78 LTA)
s143 LTA relates to certificates stating that a driver has no record in the register of driver licences, or showing that they have a current
driver licence that has expired or was invalid for the class of vehicle driven.
Refusal to permit blood specimen to be taken
If, in proceedings for an offence against s60 LTA, it is proven that the driver failed or refused to comply with s13 LTA without
reasonable cause, that failure or refusal may be treated as supporting any prosecution evidence, or rebutting any defence evidence, of
the driver's condition at the time of the alleged offence. (s77(6) LTA).
s13 LTA relates to the responsibility of drivers to comply with the enforcement officer's directions.
57/63
link to page 4 link to page 4 link to page 4
Impaired driving
12. Medical Defence
Summary
A person charged with, or fined an infringement offence notice (ION), for drug driving may have a defence if the drug detected was a
prescription medication and was taken in accordance with a current and valid prescription made out for that person (section 64 of the
LTA).
There are two sections under section 64 which apply:
Process Legislation
Blood
S64(1A) It is a defence to proceedings for an offence against section 57A(1) or (2), 57B(1) or (2), 57C(1) or (2) or 62(1B) if the
samples court is satisfied that the person has consumed the relevant qualifying drug‐
(a) in accordance with‐
(i) a current and valid prescription written for that person by a health practitioner; and
(i ) any instructions from a health practitioner or from the manufacturer of the qualifying drug; or
(b) because it was administered by a health practitioner, provided that the person complied with the instructions (if any) that
the health practitioner has given.
It should be noted that offences under sections 57A(1), 57B(1), 57C(1) and 62(1B) are criminal offences. Sections 57A(2),
57B(2) and 57C(2) relate to infringement offences resulting from blood analysis.
Oral
S64(1AB) It is a defence to proceedings for an offence against section 57A(3), 57B(3), or 57C(3) or (4) if the person’s oral fluid
fluid
indicates use of a qualifying drug and‐
testing (a) the person‐
(i i) has a current and valid prescription for the qualifying drug that was written for that person by a health practitioner; and
(iv) has complied with the instructions (if any) from a health practitioner or from the manufacturer of the qualifying drug
about driving, consuming alcohol or other prescription medicines, or both, while consuming the qualifying drug; or
(b) the drug was administered by a health practitioner, and the person complied with the instructions (if any) given by the
health practitioner.
We are currently operating without roadside Oral Fluid drug testing. This means the detection of prescription drugs will be through
blood samples only.
Where a person is issued a charging document and seeks to rely on a medical defence, consult your local PPS for guidance.
All infringement notices are processed by PIB and any medical defence is considered by PIB.
Note: the PIB can consider matters raised in any infringement offence notice (ION) that has been issued and is not before the courts.
For any ION (or charge) which has been put before the courts the appropriate assessment of any medical defence should be made by a
Police prosecutor.
Infringement notices may be issued where:
1. Listed qualifying drug‐ is detected with concentration level of the drug provided (below high‐risk level)
2. Unlisted qualifying drug ‐ where the drug is detected but no CIT process has been undertaken.
Information Sharing
58/63
link to page 4 link to page 4
Impaired driving
Staff managing medical defence applications are reminded that information provided by drivers in support of their application is both
personal and sensitive.
Personal information gathered by Police for the purpose of consideration of a medical defence may be used only for that purpose. It
must not be shared with personnel not involved in assessment of medical defences.
Note: If the medical defence is accepted by PIB, any information given in support by the applicant should not ordinarily be shared
with the Officer in Charge (OC) of the case; this is because enforcement action will not proceed. If the medical defence is declined, the
OC will be provided that information by PIB as it may be required for evidential purposes.
Medical Defence process
Note: While the below information has been designed to enable PIB to consider any medical defence, the decision‐making principles
raised in an ION are also applicable to charging documents.
Consideration of a medical defence will be a two‐step process:
1. Does the driver have a current and valid medical prescription for the drug(s) detected?
2. Has the driver taken the drug(s) in accordance with any instructions from the health practitioner or manufacturer?
Note: To raise a medical defence from an infringement notice a person must use the form provided on the Police website. This ensures
provision of the required information.
Step 1: Medical Defence documentation received and reviewed
The onus is on the driver to:
‑ satisfy police that they have a current and valid prescription for the drug(s) detected, and:
‑
provide any relevant documentation in relation to that prescription to support their defence (including any instructions which
were provided with the prescription).
1.1. PIB must receive:
‑
medical defence application form
‑
current and valid prescription for the qualifying drug(s) detected in the driver’s blood.
‑
a copy of the label from the container the drug(s) were dispensed in.
Set up file ‐ usual case management process.
1.2. Is the application complete?
Begin working through the Adjudication Checklist:
‑ Is the offence under 57A(2) or (3), 57B(2) or (3), or 57C(2), (3) or (4)?
59/63
link to page 4
Impaired driving
‑ Does it relate to a prescription qualifying drug or drugs?
‑ Has the applicant provided evidence of (section 64(1A)(a)(i)) LTA):
‑ a current and valid prescription for the qualifying drug that was written for that person by a health practitioner (e.g. a
copy of the prescription from their health practitioner, or a screenshot of the prescription from ManageMyHealth)
‑ a copy of the label from the container the drug(s) were dispensed in (e.g. a photograph of the container/package, or a
copy of the label from the pharmacy).
‑ Is there any further information required to be supplied in order for the application to be properly assessed?
If the application isn’t complete:
‑ Go back to the applicant indicating that they have supplied insufficient information for the medical defence to be considered.
Applicant to be notified of the remaining required information that is missing.
‑ If the information is still not sufficient for PIB to properly assess the medical defence, or they do not respond, then the defence
would likely be declined, or it would drop into Court in accordance with s21 SPA.
Note: if there is another issue (not medical defence) then the application goes through the general dispute process.
1.1. PIB Adjudicator to review the prescription for the following minimum requirements:
‑
Applicant’s name
‑
Drug matches the drug(s) detected
‑
Hasn’t expired and/or valid at the time of infringement
‑
Valid medical centre/doctor
(This step may be done alongside 1.2 as appropriate)
This is the first aspect of the process where the driver must prove that they have a current and valid prescription.
If the prescription provided does not meet the evidential threshold, go back to the driver for further information.
‑ For example, ask the driver for supporting information from the dispensary i.e., prescription indicating validity at time of
offence.
If the driver is unable to provide sufficient information for a proper assessment to be made the application should be declined.
1.4. Do we have sufficient evidence to prove the drug was administered by a health practitioner?
If yes, proceed to Step 2.
Note: must meet threshold for Step 1 before proceeding to Step 2.
If the applicant has met their obligations to provide PIB with the required information (to the best of their ability), and the burden of
proof has been met as to the authenticity of the information provided, then the adjudicator would need to have very good reasons for
declining an application.
Step 2: Assess whether the person complied with the instructions (if any) given by the health
practitioner
The person needs to have complied with the instructions (if any) about driving, consuming alcohol or other prescription medicines, or
both, while consuming the qualifying drug. These instructions could come from either a health practitioner or the manufacturer of the
60/63
Impaired driving
qualifying drug.
If the medical defence is declined, Police must be able to show that the person did not comply with instructions given by the
healthcare provider/manufacturer. For example, detection of multiple drugs, especially illicit drugs, in the person’s blood can be
evidence on non‐compliance with the prescription.
2.1. Verification of information provided
Police may contact the medical provider to confirm the authenticity of the documents and information provided to them. This should
only be done where there is suspicion that the driver has provided false or misleading information.
At no stage should police request any medical information about an individual, other than the relevant records of the prescription. If
further information of this nature is sought the request should always be made to the driver.
2.2. Review prescription against the blood results
Consider against the therapeutic range of each of the listed qualifying drugs under Schedule 5 of the LTA. This will provide a level of
guidance regarding the normal range at which you could expect to see someone’s level at when taking a prescribed drug.
Consider whether they have complied with any specific instructions.
Are there any instructions (if any) from a health practitioner or from the manufacturer of the qualifying drug about driving, consuming
alcohol or other prescription medicines, or both, while consuming the qualifying drug? (64(1AB)(a)(i ))?
Note: it is not uncommon for drugs to be prescribed without any instructions.
2.3. Do we have sufficient evidence to prove the person has not complied with the instructions (if any) given by the health
practitioner? (64(1AB)(b))
Does the blood level fit within the therapeutic range for particular drug(s) (if available)?
The levels are only an indicative range for the average person taking the average recommended prescribed dosage. There are drugs
and situations where a person would have a higher dosage level of a drug in their system and still be taking the drug in accordance
with the instructions of their medical practitioner. In most of these cases it would apply to persons who have been prescribed a
particular drug over a long period of time and built up a tolerance for the drug which results in that person requiring a higher dosage.
Higher dosage levels than expected
It would be important to establish how long the person has been prescribed the particular drug in question, and only where the
prescription has generally exceeded 2 years or more would you expect to begin seeing higher dosage levels in that person’s blood.
Were there any other substances also detected (alcohol or illicit drugs such as cannabis)?
Detection of two or more prescription drugs where simultaneous use of those drugs is contra‐indicated suggests non‐compliance.
Decision
If the adjudicator cannot determine non‐compliance with the prescription, then the ION should be waived.
Point of escalation
If the decision isn’t clear, the adjudicator is to seek advice from their Team Leader or supervisor as to whether they feel expert advice
should be sought. Any request for expert advice is required to be sent through either the manager of PIB for infringements, or the local
61/63
Impaired driving
District Prosecution Manager for criminal charges.
2.4. Preliminary decision
Reminder to complete the Adjudication Checklist.
Medical defence upheld
The grounds for a medical defence have been met where:
‑ there is no issue with the prescription; and
‑ the individual appears to have been following the instructions.
Medical defence declined
If there is evidence to show they didn’t comply with the instructions (to an evidentiary standard) then the medical defence may be
declined. This means there is sufficient evidence to prosecute the offence (apply the Solicitor General Prosecution Guidelines).
The driver would then be required to either pay the infringement or request a defended hearing.
2.5. Sign off on decision (PIB)
Medical defence upheld
If the preliminary decision is to uphold the medical defence, the steps are as follows:
‑ sign off by Adjudicator
‑ sign off by Team Leader
‑ let the Officer know of the outcome
‑ let the applicant know.
Medical defence declined
If the preliminary decision is to reject the medical defence, the steps are as follows:
‑ sign off by Adjudicator
‑ let the applicant know, including the option of a defended hearing.
Required information for a defended hearing:
‑ ESR analysists certificate (will be in NIA)
‑ POL 540
‑ CIT checklist (where applicable)
Note: for criminal charges it is recommended any final decision to accept a medical defence is approved by either a supervisor or
prosecutor.
2.6. File is closed
Reminder to attach the Adjudication Checklist to the case file.
Usual BAU process.
62/63
Impaired driving
Printed on : 30/05/2024
Printed from : https://tenone.police.govt.nz/pi/police‐manual/g‐i/impaired‐driving
63/63
Release documents
Alcohol and drug impaired driving.doc
This chapter was replaced by "Impaired driving" on 3 March 2023
link to page 2 link to page 2 link to page 6 link to page 6 link to page 6 link to page 6 link to page 7 link to page 7 link to page 7 link to page 7 link to page 8 link to page 10 link to page 10 link to page 10 link to page 12 link to page 13 link to page 13 link to page 14 link to page 14 link to page 14 link to page 14 link to page 15 link to page 15 link to page 15 link to page 15 link to page 17 link to page 17 link to page 18 link to page 18 link to page 18 link to page 18 link to page 18 link to page 19 link to page 19 link to page 19 link to page 19 link to page 19 link to page 19 link to page 20 link to page 20 link to page 21 link to page 22 link to page 22 link to page 22 link to page 22 link to page 22 link to page 22 link to page 23 link to page 23 link to page 23 link to page 24 link to page 25 link to page 25 link to page 25 link to page 26
Table of Contents
Table of Contents
2
Policy statement and principles
6
What
6
Why
6
How
6
Part 1 ‐ Overview
7
Introduction
7
Definitions
7
Useful resources
7
Overview flowchart
8
Part 2 ‐ Alcohol impaired driving
10
Introduction
10
Driver obligations
10
Vehicle stop
12
Breath testing a driver
13
Process overview
13
Passive breath test
14
All drivers
14
Driver under 20 years
14
All drivers passive breath test result
14
Breath screening test
15
When to require a suspect to undergo a breath screening test
15
Bill of Rights and advice
15
All drivers breath screening test result
15
Evidential breath test
17
Process overview
17
EBT procedure
18
Reasons for EBT
18
Requiring the driver to undergo an EBT
18
Driver under 20 years
18
EBT results possible
18
Right to ring a solicitor
19
Drivers under 20
19
Right to elect blood
19
Positive EBT
19
Advise promptly positive EBT result
19
10 Minute Period to consider blood election
19
When the driver has made a decision
20
Exception
20
Drivers EBT result
21
Blood specimen election
22
Initiating the blood specimen procedure
22
Blood taking procedure
22
Requiring a blood specimen
22
Exclusion
22
Refusing to supply a blood specimen
22
Conditional consent
23
Presumption
23
All drivers
23
All drivers blood result
24
Incapable of proper control
25
Enforcement procedure for incapable offence
25
Driving whilst incapable
25
Incapable offence procedures
26
This chapter was replaced by "Impaired driving" on 3 March 2023
link to page 26 link to page 28 link to page 28 link to page 28 link to page 29 link to page 30 link to page 30 link to page 30 link to page 30 link to page 30 link to page 30 link to page 31 link to page 31 link to page 31 link to page 31 link to page 31 link to page 32 link to page 32 link to page 32 link to page 32 link to page 33 link to page 34 link to page 34 link to page 34 link to page 34 link to page 34 link to page 36 link to page 36 link to page 36 link to page 36 link to page 37 link to page 37 link to page 38 link to page 38 link to page 38 link to page 38 link to page 38 link to page 39 link to page 39 link to page 39 link to page 39 link to page 40 link to page 41 link to page 42 link to page 42 link to page 44 link to page 44 link to page 45 link to page 45 link to page 45 link to page 45 link to page 45 link to page 45 link to page 45 link to page 46
Outcomes of incapable offences/procedures
26
Part 3 ‐ Drug impaired driving
28
Process overview
28
Introduction
28
Conduct breath alcohol procedures prior to a CIT
29
Compulsory Impairment Test (CIT)
30
What is a CIT?
30
Approved CIT
30
Who can conduct a CIT?
30
Obligations of driver required to undergo CIT
30
CIT location
30
Drivers in hospital or a medical centre
31
CIT initiation at an alcohol checkpoint
31
Outcomes of a request for a CIT
31
Blood test
31
Misuse of Drugs Act 1975 offences
31
Part 4 ‐ Hospitalised drivers
32
When can blood tests be taken?
32
Situations where it is unclear if the driver is impaired by alcohol or drugs
32
Notifying the driver of the reason for a blood specimen
32
Consent
33
Part 5 ‐ Blood taking procedures
34
Who can take a blood specimen
34
If a driver requests a blood test
34
Obtaining drivers consent for a blood test
34
Procedure if driver refuses blood specimen
34
Initiating the blood specimen procedure
36
Key points
36
Blood taking procedure
36
Post blood taking procedure
36
Blood tests at a hospital or medical centre
37
Hospital or medical centre blood test procedure
37
Handling blood specimens
38
Blood specimens
38
Sealing blood specimen bottles
38
Deliver the specimen
38
Chain of evidence
38
Part 6 ‐ Charging decision
39
Applicable offences
39
Alcohol impaired driving charging decision
39
ESR Analyst’s Certificate for Blood Alcohol
39
Drink driving infringement offence notices
40
Cost recovery
41
Drug impaired driving charging decision
42
Blood test result
42
Part 7 ‐ Subsequent enforcement action
44
Subsequent actions
44
Forbidding a person to drive
45
Forbidding to drive
45
When you must forbid to drive for up to 12 hours
45
How to enforce prohibition
45
Forbid to drive in writing
45
Failing to comply
45
What to do with seized keys or vehicle parts
45
If vehicle is moved to a safe place
46
This chapter was replaced by "Impaired driving" on 3 March 2023
link to page 47 link to page 47 link to page 47 link to page 47 link to page 47 link to page 47 link to page 47 link to page 48 link to page 48 link to page 49 link to page 49 link to page 50 link to page 51 link to page 51 link to page 51 link to page 51 link to page 52 link to page 53 link to page 53 link to page 53 link to page 53 link to page 54 link to page 54 link to page 54 link to page 54 link to page 55 link to page 55 link to page 56 link to page 58 link to page 60 link to page 60 link to page 60 link to page 61 link to page 62 link to page 64 link to page 64 link to page 64 link to page 64 link to page 64 link to page 64 link to page 65 link to page 65 link to page 65 link to page 65 link to page 65 link to page 65 link to page 66 link to page 67 link to page 67 link to page 67 link to page 67 link to page 67 link to page 67 link to page 67 link to page 68 link to page 68
Suspending a driver licence
47
Suspension requirements
47
Applicable offences
47
Breath test result
47
Blood test result
47
How to suspend a driver licence
47
Suspension starting date
47
Paperwork
48
Extension of 28 day suspension
48
Impounding a vehicle
49
Impoundment requirements relating to driver's breath and blood alcohol levels
49
DNA sampling
50
Part 8 ‐ Process how to operate compulsory breath test (CBT) checkpoints
51
Principles
51
CBT locations
51
CBT safety requirements
51
Support vehicle (spotter)
52
Site vehicles
53
Covert drink driving operations
53
Mobile breath testing
53
Safety
53
Alcohol impairment test procedures
54
Testing steps
54
Use the OnDuty EBA or POL515 to ensure correct testing
54
Approved devices
54
Breath screening test ‐ Passive breath‐testing devices
55
Breath screening test using Dräger 6510
55
Breath screening test using Dräger 7510NZ
56
Test results
58
Evidential breath test (EBT) procedures
60
Devices and facilities
60
EBT using Dräger 9510NZ
60
EBT using Dräger 7510NZ
61
Procedure for further testing at a second place
62
Part 9 ‐ Legislation
64
Driver obligations
64
In charge of a vehicle
64
Power of entry on private property
64
Testing steps
64
Requiring the driver to accompany you
64
Bill of Rights
65
Power to arrest
65
Grounds to arrest
65
If an arrested person is suspected of an offence
65
Driver under 20 years
65
The meaning of 'apparently younger than 20'
65
Positive EBT
66
Errors in test results and enforcement procedures
67
Breath alcohol offences
67
If a driver refuses an EBT
67
If an EBT cannot be conducted
67
Requiring additional EBT tests
67
Detention and 10 minute period for blood
67
Blood alcohol offences
67
Request for independent specimen analysis
68
Errors in enforcement procedure
68
This chapter was replaced by "Impaired driving" on 3 March 2023
link to page 68 link to page 68 link to page 68 link to page 68 link to page 68 link to page 68 link to page 69 link to page 69 link to page 69 link to page 69 link to page 73 link to page 73 link to page 73 link to page 73 link to page 73 link to page 73 link to page 73 link to page 74 link to page 74 link to page 74 link to page 74 link to page 75 link to page 75 link to page 75 link to page 75 link to page 75 link to page 75 link to page 75 link to page 77 link to page 77 link to page 77 link to page 77 link to page 77 link to page 77
DNA sampling
68
When to request a DNA Sample
68
Who should be present when a DNA sample is taken
68
CIT
68
Drivers in hospital or a medical centre
68
Bill of Rights
68
Who can be required to undergo a CIT?
69
What is good cause to suspect?
69
Obligations of driver required to undergo CIT
69
Offences and level of proof table
69
Part 10 ‐ Impaired driving facts
73
Introduction
73
How alcohol affects the body
73
Absorption factors
73
Elimination
73
How Drugs affect the body
73
Are drugs a problem
73
Part 11 ‐ Prosecution files
74
Prosecution file content
74
Infringement offences
74
Seeking medical expenses and analysis costs from offenders
74
Judge‐alone trials
75
EBA
75
Judge‐alone trial for drug impaired driving
75
3rd and subsequent offences
75
Evidential certificates
75
Certificates for specimens
75
EBT device certificates
75
Presumptions and evidence
77
Specimens of blood
77
Breath alcohol
77
Blood alcohol
77
Driver's age
77
Refusal to permit blood specimen to be taken
77
This chapter was replaced by "Impaired driving" on 3 March 2023
link to page 2 link to page 2 link to page 2 link to page 2
Alcohol and drug impaired driving.doc
Policy statement and principles
What
Operating a vehicle subsequent to consumption of alcohol and some drugs increases both the likelihood of a vehicle crash occurring
and the seriousness of the resulting injuries. As the alcohol level rises, the risk of crash involvement rapidly increases.
Why
Successful enforcement of impaired drivers will reduce the number of impaired drivers on our roads and reduce road death and
trauma.
How
All stopped drivers should:
‑ be subject to the alcohol and drug impaired driving procedures, where appropriate
‑ have their age and/or driver licence status checked as subsequent actions and penalties may vary dependent on this
information
‑ be processed for impaired driving in accordance with legislation.
Police must:
‑ not pre‐screen drivers for alcohol prior to driving ‐ the message is that the only safe level of alcohol while driving is zero
‑ always conduct breath alcohol procedures prior to deciding whether to commence a Compulsory Impairment Test (CIT).
This chapter was replaced by "Impaired driving" on 3 March 2023
6/77
link to page 2 link to page 2 link to page 2 link to page 2
Alcohol and drug impaired driving.doc
Part 1 ‐ Overview
Introduction
Alcohol consumption increases both the likelihood of a vehicle crash occurring and the seriousness of the resulting injuries. As
the alcohol level rises, the risk of crash involvement rapidly increases.
Consumption of prescription and/or illegal drugs can potentially impair driving ability. The prevalence of drug driving amongst the
general driving population in New Zealand is not yet established. Many culpable drivers who have died in road crashes, had drugs other
than alcohol present in their blood.
Combinations of alcohol/drugs or drugs can have compounding effects on driver impairment. Even a driver with a moderate level of
alcohol could be impaired to an extent that it impacts on driving ability when alcohol consumption is combined with drug use.
Further information relating to alcohol and crash risk can be obtained through the Ministry of Transport website. Further information
pertaining to the alcohol and drug impaired driving legislation can be found in the Land Transport Act 1998 (LTA).
Definitions
For a full list of definitions for key terms and phrases pertaining to alcohol and drug impaired driving, see section 2(1) LTA.
Useful resources
‑ OnDuty EBA resources
‑ Alcohol & Drug Impaired Driving Guide
‑ Breath Testing A Driver poster:
‑
AD Breath Testing a Driver.pdf
178.43 KB
‑ EBT Process poster:
‑
AD EBT Process ‐ July 2019
917.86 KB
‑ Incapable of Proper Control poster:
‑
AD Incapable of P Control.pdf
195.19 KB
‑ CIT Procedure poster:
‑
AD CIT Procedure.pdf
174.88 KB
‑ Impaired Driving poster:
‑
pol004 impaired driving ‐ July 2019
630.42 KB
‑ Subsequent Actions poster:
‑
pol004‐suspension‐licence.pdf
194.75 KB
‑ Detailed Process flow poster:
This chapter was replaced by "Impaired driving" on 3 March 2023
7/77
link to page 2
Alcohol and drug impaired driving.doc
‑
AD Overview.pdf
94.32 KB
‑ Prevention Guide: Road Policing:
‑
prevention‐guide.pdf
730.37 KB
‑ Road Policing Enforcement poster:
‑
decision‐making‐chart.pdf
60.92 KB
‑ Penalties diagram:
‑
AD Penalties diagram.pdf
542.92 KB
Overview flowchart
This flowchart is intended as an overview only. For further detail of each procedure and offence see the specific sections within this
chapter or refer to the Alcohol & Drug Impaired Driving Guide.
This chapter was replaced by "Impaired driving" on 3 March 2023
8/77
Alcohol and drug impaired driving.doc
Download a printable PDF version of the flowchart.
‑
AD Overview (19 March 2019 update)
132.09 KB
This chapter was replaced by "Impaired driving" on 3 March 2023
9/77
link to page 2 link to page 2 link to page 2 link to page 40 link to page 40 link to page 54 link to page 65 link to page 55 link to page 65
Alcohol and drug impaired driving.doc
Part 2 ‐ Alcohol impaired driving
This chapter applies to all Police employees with constabulary powers and authorised officers (from here on referred to collectively as
enforcement officers)
Introduction
Police should breath test for alcohol consumption every driver stopped because consumption of alcohol increases both the likelihood
of a vehicle crash occurring and the seriousness of the resulting injuries.
Police must not pre‐screen drivers for alcohol prior to operating a motor vehicle, e.g. upon request or leaving a music festival. Police
will continue to deliver the message that the only safe level of alcohol while driving is zero. Pre‐screening drivers before they drive may
encourage them to drink up to a limit.
Police should consider initiating drug impaired processes if a driver is impaired but clear of alcohol, or has a level of impairment that is
at odds with their breath alcohol reading.
If a compulsory impairment test is initiated subsequent to an ION being issued for a driver committing an alcohol infringement offence,
do not select "Save as Draft". Only "Affirm" if the ION (including
sending the
completed file to the PIB) if no drug impaired driving
charge is progressed.
The EBA procedure can be carried out via the OnDuty EBA form or the Breath & Blood Alcohol Procedure Sheet (POL515). The On Duty
EBA form is a digital version of the POL515 designed for use on Police mobility devices (herein referred to as OnDuty EBA).
OnDuty EBA just captures the EBA charge. Any additional charges will need to be laid in the summons or custody module. If a blood
test has been taken, you will need to wait until the blood results have been returned, then update the details in NIA to complete the
charging process.
The Director: Road Policing will maintain a master version of the POL515. The Director: Road Policing will inform the Director: Mobility
should any updates or amendments be required to the digital On Duty EBA form.
Conduct all testing procedures in accordance with:
‑ an
approved device,
‑
Bill of Rights and Advice
‑ the particular breath testing
device procedure,
‑ Land Transport (Breath Tests) Notice 2015,
‑ the Breath & Blood Alcohol Procedure on OnDuty EBA or POL515 where an EBT is initiated,
‑ the Blood Specimen Medical Certificate (POL540) where blood specimen collection procedure is initiated, and
‑ the Land Transport (Blood Specimen Collecting Instrument and Procedure) Notice 2014.
Note: Where the driver's situation changes, for example the charge faced by the driver changes, you must again advise the driver of
his/her
rights.
Driver obligations
In accordance with section 13(1) & (2) LTA, a driver must comply with all lawful requirements, directions and requests made by an
enforcement officer under sections 68, 69, 70, 71A, 72 and 73 LTA.
These sections relate to who must undergo breath and blood testing, undertake a Compulsory Impairment Test (CIT), the
circumstances involved, and outline the powers of Police to carry them out.
Note: While drivers are expected to comply with an enforcement officers' direction, not all non‐compliance amounts to an offence.
This chapter was replaced by "Impaired driving" on 3 March 2023
10/77
Alcohol and drug impaired driving.doc
This chapter was replaced by "Impaired driving" on 3 March 2023
11/77
link to page 2 link to page 52 link to page 14
Alcohol and drug impaired driving.doc
Vehicle stop
Signal the vehicle to stop in accordance with section 114 Land Transport Act.
Ensure your safety and the driver's safety when conducting a vehicle stop or checkpoint.
Conduct a NIA check on the driver's status and undertake any relevant enquiries.
Conduct a
passive breath test.
If the vehicle fails to stop conduct a TENR risk assessment and initiate a pursuit of the fleeing driver or undertake an inquiry.
Note: Police must ensure that vehicles are stopped on the basis of an enactment e.g. if utilising the powers under section 9 or 121 of
the Search and Surveillance Act 2012, the association to then utilise LTA powers must be formed.
This chapter was replaced by "Impaired driving" on 3 March 2023
12/77
link to page 2 link to page 2
Alcohol and drug impaired driving.doc
Breath testing a driver
All drivers who have been stopped should be subject to the alcohol and drug impaired driving procedures, where appropriate.
Process overview
Download a printable PDF version of the flowchart
‑
AD_Breath_Testing_a_Driver.pdf
178.43 KB
This chapter was replaced by "Impaired driving" on 3 March 2023
13/77
link to page 2 link to page 2 link to page 2 link to page 2 link to page 54 link to page 15 link to page 65 link to page 64 link to page 30 link to page 15 link to page 17
Alcohol and drug impaired driving.doc
Passive breath test
All drivers who have been stopped should undergo a Passive Breath Test, where appropriate.
All drivers
Request all drivers to undergo a Passive Breath Test with an
approved device. Police do not have the power to require a driver to
undergo a passive breath test or elicit any information (for Land Transport enforcement purposes) except as detailed under section
114 LTA.
Any driver that refuses a passive breath test must be required to undergo a
Breath Screening Test without delay.
Driver under 20 years
Conduct all alcohol testing procedures for drivers apparently
younger than 20 until, you or the driver is able to prove otherwise.
All drivers passive breath test result
No Alcohol
Alcohol Refused test No device
Driver free to go if no other actions required.
Require to Undergo
Require to Accompany for
Breath Screening Test Evidential Breath Test
If Good Cause to Suspect driver impaired by prescription medicines, drugs or 'Go To Breath
'Go To Evidential Breath
illicit substances, document and initiate Compulsory Impairment Test
Screening Test'
Test'
This chapter was replaced by "Impaired driving" on 3 March 2023
14/77
link to page 2 link to page 2 link to page 2 link to page 2 link to page 55 link to page 14 link to page 30
Alcohol and drug impaired driving.doc
Breath screening test
All drivers who have been stopped are to undergo a Breath Screening Test, where appropriate.
All subsequent actions are dependent on the driver's age and/or driver licence status.
All drivers (or persons suspected of driving) stopped by Police must undergo
a breath screening test (where alcohol is suspected or
detected), including all drivers involved in a crash, regardless of who appears to be at fault.
If you attend a crash and the driver is under the care of a health practitioner or medical officer as a result of that crash, you cannot
require the driver to undergo and EBT (refer to section 73(1) LTA).
Although you could require a blood specimen while a driver is receiving treatment from ambulance staff, it is recommended that you
wait until the driver is at a medical facility and then the request blood specimen. Refer to the hospitalised driver’s process that will test
for alcohol and drugs.
When to require a suspect to undergo a breath screening test
Require any of the following drivers (refer to section 68(1) LTA) to undergo a breath screening test without delay:
‑ anyone driving, or attempting to drive, a motor vehicle on a road
‑ anyone who you have good cause to suspect has recently committed an offence against the LTA that involves driving a motor
vehicle, or
‑ if there has been a crash involving a motor vehicle:
‑ the driver of the vehicle at the time of the crash, or
‑ if you cannot ascertain who the driver was, anyone you have good cause to suspect was in the vehicle at the time.
Bill of Rights and advice
Providing the driver with their Bill of Rights and advice is critical to the process. Ensure all relevant rights and advice are read to the
driver from
OnDuty EBA or the
Evidential Breath & Blood Alcohol Procedure Sheet POL515.
The following drivers have a ZERO legal limit for breath/blood alcohol concentration (BAC). Depending on their age and/or driver
licence type, the presence of alcohol could result in an ION or a charging document being issued.
‑ Zero Alcohol Licence holder [charging document],
‑ Alcohol Interlock Licence holder [charging document],
or
‑ Driver under 20 years of age [ION if ≤150 micrograms of alcohol per litre of breath, charging document if 151 micrograms of
alcohol per litre of breath or more].
If the results of any breath screening test are negative, or do not explain the driver's level of intoxication, or there is good cause to
suspect the driver may be impaired by other substances, document the reasons for suspicion and arrange for a compulsory
impairment test to be conducted.
All drivers breath screening test result
This chapter was replaced by "Impaired driving" on 3 March 2023
15/77
link to page 18 link to page 30 link to page 17
Alcohol and drug impaired driving.doc
Under 20 years, Alcohol
Interlock or Zero Alcohol
20 years or over
Licence
20 years or over
Pass
Under 251
1 ‐ 250
Over Over No
250 400 Machine
Driver is free to go if no other actions
Require to Accompany for Evidential Breath Test
If Good Cause to Suspect driver impaired by prescription medicines, drugs of 'Go To
Evidential Breath Test'
illicit substances, document and initiate Compulsory Impairment Test
This chapter was replaced by "Impaired driving" on 3 March 2023
16/77
link to page 2 link to page 2
Alcohol and drug impaired driving.doc
Evidential breath test
All drivers who fail or refuse a Breath Screening Test must be required to undergo an Evidential Breath Test without delay.
Process overview
(
Note: Where it refers to POL515 in the process chart this is also applicable to OnDuty EBA.)
Download a printable PDF version of the flyer
This chapter was replaced by "Impaired driving" on 3 March 2023
17/77
link to page 2 link to page 2 link to page 2 link to page 2 link to page 2 link to page 54 link to page 18 link to page 65 link to page 67 link to page 67 link to page 62
Alcohol and drug impaired driving.doc
‑
AD EBT Process ‐ July 2019
917.86 KB
EBT procedure
Use OnDuty EBA or the Breath & Blood Alcohol Procedure Sheet below (POL515) to guide you through the process and record the
information required. (Where it refers to POL515 in the process chart, this is also applicable to OnDuty EBA.)
Reasons for EBT
There are three circumstances (s 69(1) LTA) that could lead you to require a driver to accompany you for further testing. They are:
‑ positive breath screening test result
‑ the driver failed or refused to undergo a breath screening test, or
‑ a
breath screening device was not readily available or, for some reason, the test could not be undertaken and there is good
cause to suspect the driver has consumed alcohol.
Note: If you initiate the evidential breath testing procedure while operating a checkpoint, you mus
t require the driver to accompany
you to a place for further testing, even if this is only to the nearby Mobile Road Safety Base.
Requiring the driver to undergo an EBT
Require the driver to undergo an EBT (without delay) in accordance with section 69(4) LTA where the driver has:
‑ accompanied an enforcement officer to a place under this section, or
‑ been arrested under section 69(6) and taken to or detained at a place to undergo, without delay, an EBT at that place.
When requiring to accompany, officers must give the driver advice, as detailed in OnDuty EBA or Block H on the POL515, to comply with
the requirement of section 69(4A). This advice confirms consequences for the driver of continued non‐compliance and indicates advice
about potential blood test fee and associated medical costs, whether or not the result of the blood test is positive.
Driver under 20 years
Conduct the EBT procedure for drivers
apparently younger than 20 until, you or the driver is able to prove otherwise. Production of an
apparently valid driver licence may be proof of age.
Notes:
If. . .
then. . .
an
EBT cannot be conducted, or
further testing at another place.
the
driver refuses an EBT
EBT results possible
An EBT machine will produce only one of two results. The actual test result or an incomplete test.
If a first EBT does not produce a result, the officer may:
‑ Require the driver to undergo a further EBT (s70(1) LTA); or
‑ Require the person to provide a blood specimen (s70(1) LTA).
Note: an EBT result does not technically exist until a numerical result is obtained (s70(1)LTA), i.e., an incomplete test is not an EBT
This chapter was replaced by "Impaired driving" on 3 March 2023
18/77
link to page 2 link to page 2 link to page 2 link to page 2 link to page 2 link to page 2 link to page 39 link to page 40 link to page 19
Alcohol and drug impaired driving.doc
result.
Right to ring a solicitor
The driver has a number of opportunities to consult a solicitor throughout the breath testing process, which is documented in OnDuty
EBA or on the POL515. Allow the driver a reasonable period of time to consult and instruct a solicitor during each phone call.
Drivers under 20
Drivers younger than 20 commit an:
‑
infringement offence, if their EBT result is less than 151 micrograms of alcohol per litre of breath
‑ offence, if their EBT result is greater than 150 micrograms of alcohol per litre of breath.
Right to elect blood
Drivers under 20 may elect a blood test subsequent to any positive EBT reading, within the 10 minute blood election period.
Drivers 20 years or over (without an Alcohol Interlock or Zero Alcohol Licence) commit an
infringement offence if their EBT result is
251‐400 micrograms of alcohol per litre of breath. Drivers in this range do not have the option to elect a blood test once an EBT result
is obtained. If a driver 20 years or over refuses to undergo an evidential breath test, an enforcement officer should always require a
blood specimen.
Positive EBT
If a driver undergoes an EBT and the result is positive, the driver has the right to elect a blood test (see 'Request for a blood test after a
positive EBT'). However, if they are 20 or over without an Alcohol Interlock or Zero Alcohol Licence, and the EBT produces a reading of
251‐400 micrograms of alcohol per litre of breath, then the driver cannot elect a blood test.
Advise promptly positive EBT result
You must advise the driver of their evidential breath test result as soon as you know, or "without delay".
Following a positive EBT result, the driver has 10 minutes (as outlined in the Blood Test Consideration Period in OnDuty EBA or ‘Block
L’ on the POL515), to make a decision as to whether they choose to elect a blood test.
Note: If the driver refuses to remain for the result, they may be arrested (s69(6) LTA.
10 Minute Period to consider blood election
Before proceeding further after a positive EBT, remember:
‑ drivers who have not initially requested a blood test can change their mind within the ten‐minute period,
‑ officers must not give the impression that drivers cannot change their mind,
‑ officers are under no obligation to inform drivers that they are entitled to change their mind,
‑ once the driver has made a clear election to blood, the 10 minute period ends. Call the 'blood‐taker' (health practitioner or
medical officer) to collect a specimen.
While the driver is coming to a decision:
‑ be available to answer any questions. If you do have to answer questions, do so directly and concisely without distracting them,
but do not engage in conversation. Note that you do not have to answer any questions, and avoid giving any opinion or advice
‑ if a substantial period of time is taken answering the drivers questions or the period is unduly interrupted, note that down.
Based on the circumstances it may be reasonable to recommence the ten‐minute period as it must be without undue
interruption
This chapter was replaced by "Impaired driving" on 3 March 2023
19/77
link to page 2 link to page 2 link to page 67 link to page 31 link to page 44 link to page 31
Alcohol and drug impaired driving.doc
‑ if the driver attempts to
leave within the 10 minute period, they should be warned of arrest.
At the end of the 10 minute period Police are not required to ask the driver if they wish to elect blood. The obligation to elect blood is
entirely on the driver.
Note any discrepancy between the time displayed on the EBT device and that on your watch, on the POL515. If using OnDuty EBA, use
the manually populated time picker and use the time according to your phone. This might limit the possibility of a defence to any
charges filed.
When the driver has made a decision
If after 10 minutes the driver…
then…
does not request a blood test
‑ issue a
Summons to Defendant (POL2141) in relation to the breath alcohol offence, and
‑ consider
subsequent enforcement actions.
Note: Section 29 of the Criminal Procedure Act 2011 empowers you to issue a summons,
provided that the charging document is filed
‑ as soon as practicable after the summons is issued
‑ with a first appearance date not later than 2 months after the date of the summons.
See also summonses in the 'Criminal Procedure' chapter.
Caution: If the driver is under 18 prepare file and send to Youth Aid for a charge decision and
Family Group Conference.
Note: The requirements for initial disclosure if the court date is greater than 15 working days
after the commencement of proceedings.
chooses the
blood test option and
the driver's choice is final and you do not have to wait until the end of the 10‐minute period to
gives a specimen when required
ring the doctor or medical officer (Police v Irwin (1990) 6 CRNZ 171).
Note: The result of the EBT is inadmissible.
Except as provided in section 69(4) LTA, a positive result of an EBT is
not admissible in evidence in proceedings for offences under
sections 56 to 62 LTA if:
‑ the defendant was not advised by an enforcement officer without delay after the result was obtained, that the test was positive
and that if the driver did not request a blood test within ten minutes:
‑ where the amount of alcohol exceeded 400 micrograms of alcohol per litre of breath, the test could of itself be conclusive
evidence to lead to a conviction, or
‑ where the amount of alcohol exceeded 150 micrograms of alcohol per litre of breath but did not exceed 400 micrograms
of alcohol per litre of breath, the test could of itself, unless the person was 20 or older, be conclusive evidence to lead to a
conviction
or
‑ the driver was advised of the matters specified above, and
‑ within ten minutes of being advised, told the enforcement officer that they wished to undergo a blood test, and
‑ complied with section 72(2) LTA (that is, permitted the specimen to be taken).
(s77(3)(a) & (b) LTA)
Exception
Subsection 77(3)(a) LTA does not apply if the driver failed or refused to remain at the place where the test was taken until they could be
advised of the result.
(s77(4) LTA)
This chapter was replaced by "Impaired driving" on 3 March 2023
20/77
link to page 2 link to page 22 link to page 74 link to page 22 link to page 39 link to page 22 link to page 22 link to page 44 link to page 30
Alcohol and drug impaired driving.doc
Drivers EBT result
20 years or Under 20 years
Alcohol Interlock & Zero
All drivers
over
Alcohol
All drivers
0 (Zero)
251‐400
1 ‐ 150
Over Any positive result
Over Refusal or No EBT
150
400
machine
Driver is free to go if no
Advise result without delay.
Require blood
other actions
ION
10 minutes to elect blood
ION or Go to Blood
Charging document or Go to Blood
Go to Blood Specimen
Specimen Election
Specimen Election
Election
Consider
Subsequent Enforcement Action
If good cause to suspect driver impaired by prescription medicines, drugs or illicit substances, document and initiate
Compulsory Impairment Test.
This chapter was replaced by "Impaired driving" on 3 March 2023
21/77
link to page 2 link to page 2 link to page 2 link to page 2 link to page 2 link to page 2 link to page 22 link to page 50 link to page 22 link to page 34 link to page 30
Alcohol and drug impaired driving.doc
Blood specimen election
Drivers 20 years of over, whose breath is proof of an EBA infringement, may not elect blood. All other drivers may elect blood.
All drivers
Driver Elects
Police Require
No EBT Machine
Hospitalised Driver
Require Blood under s72 LTA
Require Blood Specimen under s73 LTA
Refer to the
'Blood Taking Procedure' section for further process details.
Initiating the blood specimen procedure
The O/C case (officer who initiated EBA procedure or CIT trained enforcement officer) must:
‑ oversee the whole blood collection procedure
‑ ensure the medical staff are safe
‑ ensure the exhibit is secure for evidential purposes
‑ note the time the blood specimen was taken for the file.
Blood taking procedure
Upon
requiring a blood specimen, in accordance the 10 Minute Period section via OnDuty EBA or Block M of the POL515, complete the
Blood Specimen Medical Certificate POL540 and obtain the
driver's consent.
The detail of the blood specimen collection procedure are contained in the associated SuccessFactors: Learning training package.
Requiring a blood specimen
Under section 72 LTA, you can require a blood specimen to be taken by a health practitioner or medical officer, if:
‑ a driver fails or refuses to undergo, without delay, an EBT
‑ a driver has provided a positive EBT and is eligible to request a blood test
‑ an EBT device is not readily available
‑ a driver does not complete a CIT in a manner satisfactory to a CIT trained enforcement officer
‑ it is not practical for the blood specimen to be taken at the place where the driver has been required to allow it to be taken. The
driver must, under section 72(3) LTA, accompany you to any other place where it is likely that it can be taken, or
‑ the driver has been arrested under section 120(1) LTA.
Exclusion
Section 72 LTA does not apply if the driver is under examination, care or treatment in a hospital or medical centre. The provisions
relating to taking blood specimens in those circumstances are set out in section 73 LTA. See 'Blood tests at a hospital or medical
centre'.
A
Compulsory Impairment Test can be initiated at the conclusion of the blood test if good cause to suspect that the driver is impaired
by a drug.
Refusing to supply a blood specimen
If the driver refuses to give a blood specimen, record their reason in OnDuty EBA or on the POL515 and charge the driver with refusing
blood in accordance with these steps in the table below.
If a driver refuses to give a blood specimen, do not try to coerce them to give consent, or threaten the driver with arrest.
This chapter was replaced by "Impaired driving" on 3 March 2023
22/77
link to page 2 link to page 2 link to page 2
Alcohol and drug impaired driving.doc
Remember: The maximum penalty for refusing to give a blood specimen is the same as that for being over the legal blood alcohol
limit, or being convicted of driving while impaired with the presence of a qualifying drug.
Conditional consent
The driver must submit to the blood test without delay when requested. They cannot dictate who will take the blood specimen, or from
which part of the body it may be taken, provided the blood is taken in accordance with usual procedure for the collection of venous
blood.
Note: Conditional consent of this nature amounts to a refusal.
Presumption
If a driver fails to provide a blood specimen, due to physical or medical reasons, with no previous recorded failure, record the details of
the failure and create a NIA alert as follows. Please refer to this
sample alert (see PDF below). The driver does not commit a refusal
offence at this stage.
‑
section60‐3c‐sample‐nia‐notification.pdf
3.7 MB
Step Action
1
Record details of blood taking attempt, medical staff and Docloc with the OnDuty EBA or POL515.
2
Email the FMC to create an alert.
Should a driver be apprehended on a subsequent occasion with the same outcome, the driver will be legally presumed to have refused
the blood test. The driver will be charged with an offence against section 60(3C) LTA. The driver can give evidence to rebut the
presumption that he or she refused the blood test.
Note: Always consider if a charge of 'driving under the influence of drink or drug' ((s58(1)(a) LTA) is appropriate for a first time refusal,
as detailed above.
All drivers
Post blood taking procedure
This chapter was replaced by "Impaired driving" on 3 March 2023
23/77
link to page 2 link to page 26 link to page 26 link to page 26 link to page 44 link to page 40 link to page 39 link to page 44
Alcohol and drug impaired driving.doc
Non‐hospitalised driver
Hospitalised driver
Blood specimen cannot be
Blood
Blood
Blood Specimen
Blood Specimen
Health practitioner in Blood
obtained.
specimen
Specimen Collected
Collected
charge refuses
Specimen
cannot be
Collection
specimen as
Collection
No NIA alert of previous
obtained.
Refused
prejudicial to drivers Refused
attempts
care.
NIA alert for
constructive
refusal
exists
Docloc OnDuty EBA or
Constructive Create
Advise the driver that they will be notified of No further action for
Create
POL515 with POL540 and
Refusal.
Charging the test results when they are known ‐
alcohol.
Charging
details of bloodletting
Document. usually, within 14 to 21 days for alcohol and
Document.
attempt and medical staff.
Go to
28 days for drugs.
Charging
Go to
Go to
Decision
Charging
Charging
Decision
Decision
Consider
Subsequent Enforcement Action
All drivers blood result
20 or
Alcohol Interlock
All drivers
over
Under 20 & Zero
All drivers
0 (zero)
51‐80 1 ‐ Over 'any positive
Over RefusalInsufficient blood
30 30
result'
80
Notify driver of result and no drink
Issue
ION Complete File and go to Charging
Notify driver of result and no drink
impaired driving charge
Document
impaired driving charge
Consider
Subsequent Enforcement Action
This chapter was replaced by "Impaired driving" on 3 March 2023
24/77
link to page 2 link to page 2 link to page 2
Alcohol and drug impaired driving.doc
Incapable of proper control
All drivers should be subject to a medical examination where equipment or trained officers limit standard alcohol and drug impaired
driving processes.
Enforcement procedure for incapable offence
This diagram shows the procedure an enforcement officer should follow for an incapable offence.
Download a printable PDF version of the flowchart
‑
AD_Incapable_of_P_Control.pdf
195.19 KB
Driving whilst incapable
Section 58 LTA makes it an offence for a driver to be under the influence of drink and/or a drug to such an extent as to be incapable of
having proper control of the vehicle.
This chapter was replaced by "Impaired driving" on 3 March 2023
25/77
link to page 2 link to page 3 link to page 65 link to page 22 link to page 45
Alcohol and drug impaired driving.doc
Incapable offence procedures
StepAction
1
Ask the driver if they have consumed drink or drugs (including medicines) recently, or if they have any medical condition that may
affect their driving ability.
2
Note the results and your general observations of the driver. Think 'evidence' all the time and note the driver's:
‑ eyes
‑ smell of breath
‑ speech, for example, slurred or rapid.
If the driver gets out of the motor vehicle, note:
‑ how they walk, for example, if they are staggering
‑ their ability to stand, for example, unsteady or stumbling.
Note: Block E of the CIT Form (POL1115) provides a checklist of driver characteristics that can indicate impairment.
‑
pol1115.pdf
155.75 KB
3
Arrest the driver under 120(1) LTA if necessary, if you have good cause to suspect the driver has committed an offence against any
of sections 58, 59, 60, 61 or 62 LTA. Refer to
'power to arrest' for details.
4
Contact a medical practitioner to conduct a medical examination to provide supporting evidence that the driver is incapable of
driving. Get the medical practitioner to note their observations on the Medical Practitioner's Clinical Report (Motor Vehicle)
(POL525), and whether the driver agrees to be examined, or not.
5
Section 72(1)(d) LTA requires that a blood specimen be taken if you have arrested the person under 120(1) LTA and the person
has been required to undergo testing, and you have good cause to suspect that the driver has committed an offence against any
of sections 58, 59, 60, 61 or 62 LTA, and either:
‑ a medical practitioner has examined the driver and believes they may be under the influence of drink/drug, or both, or
‑ the driver has refused to be examined by a medical practitioner for the purposes of the above.
6
At this point, have a blood specimen taken under section 72(1)(d) LTA.
Note: If the driver refuses the request, charge the driver as normal with
refusing a request for blood (section 60 LTA).
7
Complete the Blood Specimen Medical Certificate (POL540), and if you or the medical staff believe the driver is under the
influence of a drug, direct ESR to a drug analysis also (by ticking the box for 'Drugs' in Part D of the POL540).
8
If required,
forbid the driver to drive (POL406) under section 121 LTA and release.
9
Send the blood specimen to ESR for alcohol and/or drug analysis.
Outcomes of incapable offences/procedures
This chapter was replaced by "Impaired driving" on 3 March 2023
26/77
link to page 22 link to page 42
Alcohol and drug impaired driving.doc
Specimen
Charge
(1st or
2nd
If the driver is under arrest…
Police action
offence)
the driver refuses a medical practitioner's examination
Require a
blood specimen to be taken.
the driver is deemed by a medical practitioner to be under the influence of
Go to
Charging Decision when a result is
drink or drug
obtained.
the driver refuses a health practitioner or medical officer's request for a blood Charge with failed to permit a blood
A305
specimen
specimen to be taken
the driver permits blood specimen to be taken by a health practitioner or
Forbid to drive (POL406) under section 121
medical officer
LTA and release
ESR Analyst's Certificate indicates the presence of drugs and/or alcohol,
Charge with incapable of proper control of a A101
and/or the medical practitioner certified the driver as being incapable of
motor vehicle if alcohol result is under the
having proper control of a motor vehicle
EBA limit
Note: A blood specimen is not a requirement
to prove this offence, but will assist a
successful prosecution.
A section 58(1)(a) incapable offence can be based solely on a medical practitioner's examination that deems a driver to be incapable of
proper control of a vehicle. In some circumstances this offence can progress based solely on an officers experience, although it may be
difficult to prove.
Note: This table is not comprehensive ‐ refer to the ‘LRT ‐ Code Book’ for a full list of offences.
This chapter was replaced by "Impaired driving" on 3 March 2023
27/77
link to page 3 link to page 3 link to page 3
Alcohol and drug impaired driving.doc
Part 3 ‐ Drug impaired driving
Good cause to suspect driver has consumed a drug or drugs? If yes, require driver to accompany to undergo a Compulsory Impairment
Test
Process overview
Download a printable PDF version of the flowchart
‑
AD_CIT_Procedure.pdf
174.88 KB
Introduction
It is illegal to drive or attempt to drive while impaired by a qualifying drug (s11A LTA). Qualifying drugs include most controlled drugs
and can include prescription medicines.
This chapter was replaced by "Impaired driving" on 3 March 2023
28/77
link to page 3
Alcohol and drug impaired driving.doc
Section 57A LTA provides that drivers commit an offence if they do not satisfactorily complete a Compulsory Impairment Test and a
blood specimen taken under section 72 LTA, contains evidence of a qualifying drug.
Conduct breath alcohol procedures prior to a CIT
Enforcement officers must always conduct breath alcohol procedures prior to commencing a CIT. There is little to be gained from
initiating a CIT following a positive EBT.
This chapter was replaced by "Impaired driving" on 3 March 2023
29/77
link to page 3 link to page 3 link to page 3 link to page 3 link to page 3 link to page 3 link to page 65 link to page 69 link to page 69 link to page 30 link to page 65
Alcohol and drug impaired driving.doc
Compulsory Impairment Test (CIT)
What is a CIT?
An impaired driver tends to concentrate only on the most critical driving task and disregard lesser tasks. The CIT is designed to test the
driver's ability to concentrate on and carry out two or more tasks at the same time. The tasks include a walk and turn and a leg stand
assessment. The test also includes an eye assessment. Trained enforcement officers also talk to the driver about any medical
conditions that may affect their ability to perform the CIT.
Approved CIT
The CIT must be undertaken in strict accordance with the Land Transport (Compulsory Impairment Test) Notice 2009. You must be able
to explain how the CIT was carried out and satisfy the court that you administered it in accordance with the Notice.
Use the CIT Form (POL1115) to ensure the correct CIT procedure is followed and appropriate
advice and bill of rights is given. If the
driver fails to complete the CIT in a manner satisfactory to a CIT trained enforcement officer, is charged and pleads not guilty, the
defence is likely to challenge how the test was administered.
Who can conduct a CIT?
While any enforcement officer
can require someone to undergo a CIT, provided they have
good cause to suspect the driver has
consumed a drug, only enforcement officers who have successfully completed the compulsory impairment test training can administer
a Compulsory Impairment Test (CIT).
Drivers in hospital cannot be required to undergo a CIT.
Note: Use the CIT Form (POL1115) to record all factors you have relied upon to establish good cause to suspect the driver has
consumed a drug.
‑
pol1115.pdf
155.75 KB
Obligations of driver required to undergo CIT
A driver required to undergo a CIT must:
‑ remain in the place where stopped, for a period of time that is reasonable in the circumstances, to undergo the CIT, or
‑ accompany an enforcement officer to another place to undergo the CIT if going to be administered in another place. See 'CIT
location'.
(s71A(1) LTA)
A driver who has undergone a CIT must remain at the place where they underwent the test, until after the result of the test is
ascertained.
An enforcement officer may arrest a driver without warrant, if they refuse or fail to remain stopped or accompany the enforcement
officer as required. See '
Powers to arrest'.
CIT location
If possible, a CIT should be carried out at the nearest Police station or other place that provides a safe environment to conduct the CIT
and the necessary means for the driver to speak to a lawyer, if required.
Note: When choosing the location to administer the CIT, consider the proximity to other people/bystanders, the surface on which the
test will be conducted, and other distractions which may affect the result of the CIT. The location of the CIT may have implications
during a prosecution if it is thought that a driver has been unfairly dealt with.
This chapter was replaced by "Impaired driving" on 3 March 2023
30/77
link to page 3 link to page 3 link to page 3 link to page 3 link to page 3 link to page 22
Alcohol and drug impaired driving.doc
Drivers in hospital or a medical centre
A driver taken to a hospital or medical centre following an accident or incident involving a motor vehicle cannot be required to undergo
a CIT. See 'Blood tests at a hospital or medical centre'.
CIT initiation at an alcohol checkpoint
If you initiate a CIT while operating a CBT, you must require the driver to accompany you to a place to conduct a CIT and give Bill of
Rights advice, even if this is only to the nearby Mobile Road Safety Base.
Outcomes of a request for a CIT
Specimen
Charge
If a driver who has been
(1st or 2nd
required to undergo a CIT… Police action
offence)
refuses to accompany an
Arrest and charge with refused to accompany an enforcement officer. Take the driver to a A306
officer to undergo a CIT
location in order for a trained enforcement officer to conduct a CIT.
failed to remain for a CIT
Arrest and charge with failed to remain for a CIT.
A403
refuses to undergo a CIT
Arrest and charge with refused to undergo CIT.
A405
does the CIT then fails to
Arrest and charge with fails to remain for the result of a CIT.
A404
remain for the result
does not complete the CIT in a Advise driver of CIT result without delay and require to give a blood specimen without
n/a
satisfactory manner
delay (give further Bill of Rights caution).
does complete the CIT in a
Advise driver of result without delay and release. Consider forbidding to drive where
n/a
satisfactory manner
appropriate.
Note: This table is not comprehensive ‐ refer to the Legislative Reference Table (LRT ‐ Code Book) for a full list of offences. You must
advise the driver of their CIT result without delay.
Blood test
If the driver has not satisfactorily completed the CIT, then the next stage is to require a blood specimen to be taken. See 'Taking a blood
specimen' for the procedure.
Misuse of Drugs Act 1975 offences
Evidence of controlled drugs in blood specimens taken under section 72 or 73 LTA may not be used as evidence of the use of a
controlled drug in a prosecution for an offence under the Misuse of Drugs Act 1975.
However, if you have reasonable grounds for believing a controlled drug is in the vehicle or in the possession of a person in the vehicle
stopped for the purpose of LTA enforcement, consider your powers of search under Part 2 of the Search & Surveillance Act 2012.
This chapter was replaced by "Impaired driving" on 3 March 2023
31/77
link to page 3 link to page 3 link to page 3 link to page 3
Alcohol and drug impaired driving.doc
Part 4 ‐ Hospitalised drivers
Request a health practitioner in charge obtain a blood specimen from all drivers hospitalised subsequent to an accident or incident
involving a motor vehicle ‐ 'crash'.
Where possible all drivers in a hospital or medical centre subsequent to an accident or incident or injury involving a motor vehicle are
to have a blood specimen collected, in accordance with section 73 LTA, for impaired driving procedures.
Note: Breath tests may not be administered on a driver who has been taken to a hospital or a medical centre as a result of a motor
vehicle ‘crash or incident’. However, testing may be resumed or carried out after the driver is no longer under the care, treatment or
examination of the hospital or medical centre staff. This could include the driver not leaving the hospital or medical centre.
Note: The driver is no longer considered to be ‘in hospital’ once they have received treatment and are free to go home [Teretai v MOT
19/8/86, Thorp J, HC Auckland AP83/86].
When can blood tests be taken?
A blood specimen may only be taken at a hospital or medical centre if the health practitioner who is in immediate charge of the driver's
care or another medical officer or health practitioner has reasonable grounds to suspect the person is there as a result of:
‑ an accident or incident involving a motor vehicle, or
‑ an injury or a medical condition arising subsequent to an accident or incident involving a motor vehicle (s73(5) LTA), and
‑ be satisfied that the test will not prejudice the driver's care or treatment.
The blood test can be for alcohol and/or for evidence of an impaired driving charge only with the presence of a controlled drug
specified in schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975. However, ESR analysis will stop when a single offence
against the LTA is confirmed.
Note: A medical centre means any place where a medical examination or medical care or treatment is carried out or given.
Situations where it is unclear if the driver is impaired by alcohol or drugs
If you suspect that a driver may have been impaired by alcohol and/or drugs, you can request the health practitioner in charge of the
driver's care to take a blood specimen, or have another medical officer or health practitioner do so (s73(3)(b) LTA).
Note: Always remember that the health practitioner or medical officer has full responsibility for the patient, and they must comply
with your request, except in circumstances where taking a blood specimen would be prejudicial to the driver's proper care and
treatment. In practice it is unlikely that taking a blood specimen would be prejudicial.
Notifying the driver of the reason for a blood specimen
The health practitioner or medical officer must tell the driver that a blood specimen is being taken for evidential purposes under
section 73 LTA.
This chapter was replaced by "Impaired driving" on 3 March 2023
32/77
link to page 3 link to page 40 link to page 39 link to page 44
Alcohol and drug impaired driving.doc
If the driver is unconscious, the health practitioner or medical officer taking the specimen must notify the driver in writing that the
blood specimen was taken for evidential purposes under section 73 LTA by providing the driver with the driver's copy (yellow sheet) of
the Blood Specimen Medical Certificate (POL540).
Consent
A driver in hospital must permit a blood specimen to be taken. If a driver refuses or fails to permit the health practitioner or medical
officer to take a blood specimen, they have committed an offence under section 60(1)(c) LTA.
It is sufficient to obtain a statement from the health practitioner or medical officer to this effect, and charge the driver when
appropriate. The POL540 provides suitable text as the basis for any statement.
Note: You cannot require a driver who is in a hospital or medical centre as a result of an accident involving a motor vehicle, to undergo
an EBT (s69(7) LTA).
Hospitalised drivers blood result
All drivers
20 or over Under 20
Alcohol Interlock & Zero
All drivers
0
51‐80
1 ‐30 Over 30 'any result'
Over 80 Qualifying Drug ‐ Class A only
(zero)
No action required
Issue
ION
Complete File and go to
Charging Decision
Consider
Subsequent Enforcement Action
This chapter was replaced by "Impaired driving" on 3 March 2023
33/77
link to page 3 link to page 3 link to page 3 link to page 3 link to page 3 link to page 22
Alcohol and drug impaired driving.doc
Part 5 ‐ Blood taking procedures
Who can take a blood specimen
Only a health practitioner or medical officer authorised under section 72 or 73 LTA can take a blood specimen.
Refer to the interpretation section of the LTA (section 2 LTA).
Note: Regularly check that the 'blood‐takers' (health practitioners or medical officers) who are contracted to take blood specimens on
behalf of Police meet their current practicing requirements.
If a driver requests a blood test
If the EBT result is positive, an
eligible driver has the right within 10 minutes of being advised of the admissibility matters set out in
section 77(3)(a), to elect to have a blood test (s70A(1) LTA).
Once they have requested a blood test, you must require a blood specimen to be taken (s72(1)(b) LTA).
Obtaining drivers consent for a blood test
Follow these steps to obtain consent for a blood test.
StepAction
1
If using OnDuty EBA, follow the prompts in the blood test section or alternatively read part M of the POL515. After you have read
the form always give a simple explanation and answer any questions.
Then ask: "Do you consent to the taking of a blood specimen?"
2
If the driver consents to the taking of a blood specimen, contact a registered medical officer or health practitioner to attend your
location.
Note: Most stations and mobile road safety bases have an established roster of on‐call practitioners who will take blood
specimens.
3
If a medical officer or health practitioner cannot attend but is available elsewhere, you can require the person to accompany you
to that place.
Caution: This requirement can be made
only after you have formally required the driver to give a blood specimen.
4
Add the driver's details to the Blood Specimen Medical Certificate (POL540).
Procedure if driver refuses blood specimen
This chapter was replaced by "Impaired driving" on 3 March 2023
34/77
link to page 47 link to page 39 link to page 49 link to page 65
Alcohol and drug impaired driving.doc
StepPolice action
1
Ask the driver to give their reason for refusing consent. Note any explanation on the OnDuty EBA or POL515.
2
Charge the driver with refusing blood. In cases of alcohol impairment, this does not prevent you from also charging the driver
with EBA, as no blood test has overridden the positive EBT result.
A positive EBT result becomes inadmissible only if the driver provides a blood specimen following a decision to do so and
otherwise complies with the requirement to remain at the place until advised of the result of the test. (s77(3) LTA)
3
Suspend the driver's licence for 28 days, starting immediately.
(s95(1)(b) LTA)
4
Check NIA for convictions of
applicable offences. If the driver has been convicted of two or more applicable offences within the
last four years,
impound the vehicle for 28 days, starting immediately. (s96(1)(d) LTA)
5
Arrest the driver ‐ but only if you are satisfied that it is necessary to do so. See
'Power to arrest'.
Note: You are empowered to arrest if the driver fails or refuses to allow a blood specimen to be taken when an enforcement
officer, medical officer or health practitioner requires it (s120 LTA).
This chapter was replaced by "Impaired driving" on 3 March 2023
35/77
link to page 3 link to page 3 link to page 3 link to page 3 link to page 77 link to page 47 link to page 49
Alcohol and drug impaired driving.doc
Initiating the blood specimen procedure
Key points
The O/C case (officer who initiated EBA procedure or CIT trained enforcement officer) must:
‑ oversee the whole blood collection procedure
‑ ensure the medical staff are safe
‑ ensure that the blood specimen collecting kit has two to three months expiry
* date remaining (this covers the timeframe for
second specimen analysis if requested)
‑ ensure the exhibit is secure for evidential purposes
‑ note the time the blood specimen was taken for the file.
*Note: Although Haines v Police [CA647/2017] was definitive in that the expiry relates to the integrity of the vacuum and not the
stability of the compounds (and therefore the integrity of the analysis), Police do not wish to argue the Haines decision on a regular
basis.
Blood taking procedure
Follow these steps to take blood.
StepPolice action
1
The O/C case:
‑ completes Part A of the Blood Specimen Medical Certificate (POL540).
2
Ensure the medical officer or health practitioner:
‑ confirms the driver's consent to provide a blood specimen for analysis
‑ completes Part B of the POL540 if a hospital blood is obtained
‑ completes Part C of the POL540
‑ personally opens the sealed blood specimen collecting kit and ensures it has at least two ‐ three months expiry date
remaining
‑ takes sufficient blood for the drawing of the blood specimen into the two vacutainers. If insufficient blood is taken on the
first occasion, the medical officer or health practitioner must request the driver to give another specimen, and the driver
must permit them to make one more extraction immediately
‑ seals each vacutainer with the tamper‐evident security seal
‑ writes the surname of the driver on both vacutainers
‑ attaches a barcode sticker to each copy of the POL540 form and to each vacutainer
‑ shakes the samples to mix the blood with the preservative and anti‐coagulant contained in the vacutainer
‑ correctly completes the Blood Specimen Medical Certificate (POL540), keeps the green medical copy and hands the
original form and pink copy to the O/C case, and the yellow copy to the driver
‑ hands the plastic bag containing the blood kit and the kit's procedure card to the O/C case.
3
The O/C case must then place the POL540, blood kit plastic bag and procedure card on the prosecution file. See 'Dealing with
blood specimens'.
4
The O/C case must send the blood specimen to ESR with the correct packaging and
include the pink ESR copy of the POL540.
Post blood taking procedure
Advise the driver that they will be notified of the test results when they are known ‐ usually, within 14 to 21 days for alcohol and 28 days
for drugs.
If required, follow the
licence suspension and
vehicle impoundment procedures.
This chapter was replaced by "Impaired driving" on 3 March 2023
36/77
link to page 3 link to page 3 link to page 38 link to page 14
Alcohol and drug impaired driving.doc
Blood tests at a hospital or medical centre
Hospital or medical centre blood test procedure
Step
Action
Take blood specimen
Hospital or medical centre staff will provide you with:
‑ a sealed blood specimen collecting kit
‑ the Blood Specimen Medical Certificate (POL540).
Inform the health practitioner or medical officer that you suspect the person they are in charge of is the
person who was the driver involved in the accident or incident involving a motor vehicle, and request that a
blood specimen be taken.
The health practitioner or medical officer should open the sealed blood specimen collecting kit, and take a
blood specimen in accordance with the instructions supplied with the kit.
Note: Hospital blood specimens must be treated as evidence and handled appropriately. They must be
shaken, sealed, the driver's surname must be written on each vacutainer, barcoded and secured to preserve
the
chain of evidence.
Complete Blood
Part A of the POL 540 must be completed by either the O/C case, the medical officer or health practitioner.
Specimen Medical
Certificate (POL540)
Part B of the POL 540 is specific to hospital or medical centre blood specimens, and must always be
completed when a hospital blood specimen is taken.
Part B must be completed by the health practitioner who is in immediate charge of the driver's care.
Part C must be completed by the health practitioner or medical officer who actually took the blood
specimen.
After taking the blood specimen and completing the POL540, the medical officer or health practitioner:
‑ hands the vacutainers to the enforcement officer named on the certificate
‑ provides the driver with the yellow driver copy of the POL540 to notify a driver who is unconscious
that a blood specimen was taken for evidential purposes under section 73 LTA
‑ keeps the green medical copy.
The O/C case:
‑ attaches the original form to the prosecution file
‑
includes the pink ESR copy with the blood specimens.
Note: If the driver is suspected of drug impairment, tick the 'drugs' box in Part D of the Blood Specimen
Medical Certificate (POL540).
On receipt of the ESR analyst's certificate see
'Receiving and notifying a blood test result'.
This chapter was replaced by "Impaired driving" on 3 March 2023
37/77
link to page 3 link to page 3 link to page 3 link to page 3 link to page 3 link to page 38
Alcohol and drug impaired driving.doc
Handling blood specimens
Blood specimens are crucial evidence and form the basis of a blood alcohol/drug impaired driving prosecution. They must be handled
and stored appropriately.
Blood specimens
A blood specimen taken under section 72 or 73 LTA is drawn into two vacutainers. Each part is considered to be a separate blood
specimen. Ensure they are shaken, sealed, the driver's surname is written on each vacutainer, barcoded and secured to preserve the
chain of evidence.
Sealing blood specimen bottles
Follow these steps to seal a blood specimen:
Step Action
1
Use the tamper evident security seals provided in the Blood Specimen Collecting Kit.
2
Seals must go over the rubber caps and down the sides of the vacutainers.
3
Once applied, do not attempt to remove or re‐adjust the seals.
Once the O/C case has the blood specimens they must:
‑ check that the driver's surname and barcode number on the vacutainers are identical to those on the Blood Specimen Medical
Certificate (POL540)
‑ pack the vacutainers for transport following the instruction provided in the kit
‑ store the specimens as per station requirements, until it can be sent to ESR.
Deliver the specimen
Within seven days (s74(3) LTA) after the date the specimen is taken, you must deliver the blood specimen, or cause it to be delivered, to
ESR for the analysis of one vacutainer and the custody of the other. You can use a courier to deliver the blood specimens, or personally
deliver them. You must not use registered post.
Chain of evidence
For evidential reasons, you must ensure you can prove the chain of evidence. Secure the specimen once it is taken (using a locked
fridge or locker), and use a courier or deliver in person according to district procedure.
Refer to the 'Packaging, handling, and storage of exhibits' section of the 'Exhibit and property management' chapter of the Police
Manual for further details.
This chapter was replaced by "Impaired driving" on 3 March 2023
38/77
link to page 3 link to page 3 link to page 3 link to page 3 link to page 69 link to page 75 link to page 75
Alcohol and drug impaired driving.doc
Part 6 ‐ Charging decision
Drivers who
meet the level of proof for alcohol or drug impaired driving offences will be charged or issued an ION.
Applicable offences
If a person's breath or blood alcohol reading results in a charging document, identify any applicable qualifying offence to ensure the
correct specimen charge is used.
Alcohol impaired driving charging decision
The EBT machine or Analyst's
Certificate shows:
‑ an alcohol result below the legal limit for the driver's age, then:
‑ inform the driver of the result, and
‑ that no further action will be taken in respect of an EBA charge
‑ if the driver's licence has been suspended and vehicle impounded, return them immediately unless otherwise warranted
‑ an alcohol result at an infringement level for the driver's age, then:
‑ inform the driver of the result and
‑ issue an ION.
‑ an alcohol result at an offence level for the driver's age, then:
‑ prepare prosecution file and serve a copy of the analyst's
certificate (if applicable) and a summons on the driver as soon
as possible, and arrange for a charging document to be filed
‑ You can serve copies to the driver by mail, or in person
And if:
‑ the alcohol result exceeds 650 micrograms of alcohol per litre of breath or exceeds 130 milligrams of alcohol per 100 millilitres
of blood then:
‑ you must suspend the person's licence for 28 days, unless you have already suspended the licence for 28 days for the
excess breath alcohol reading from the same incident.
Note: This following charges are not comprehensive ‐ refer to the Legislative Reference Table (LRT ‐ Code Book) for a full list of
offences.
ESR Analyst’s Certificate for Blood Alcohol
The ESR Analyst’s Certificate for blood alcohol reports a point value and a confidence interval. It also provides an interpretive
statement of the result, linked to charging thresholds.
For example:
On analysis of the blood specimen by J Doe, analyst, a proportion of 110 ± 5 milligrams of alcohol per 100 millilitres of blood was
found in the specimen.
There is a greater than 99.9% probability that the proportion of alcohol in the blood specimen is greater than 80 milligrams per 100
millilitres.
Police will report and make a charging decision on the lower value. For the example above, the officer will deduct 5 from the point
value to give a reading of 105. This value, being the lower end of the confidence interval, is to be recorded as the blood level on the
charging document and the summary of facts.
Examples:
This chapter was replaced by "Impaired driving" on 3 March 2023
39/77
link to page 3 link to page 75
Alcohol and drug impaired driving.doc
Type of Driver
ESR Result per 100ml blood
Value Charging Decision made on
Decision
Value Recorded
ION SoF Charge Doc
Under 20 years old
25 ± 3
25 ‐ 3 = 22
ION
22
34 ± 3
34 ‐ 3 = 31
Summons
31 31
Adult ful licence
85 ± 5
85 ‐ 5 = 80
ION
80
86 ± 5
86 ‐ 5 = 81
Summons
81 81
110 ± 5
110 ‐ 5 = 105
Summons
105 105
136 ± 6
136 ‐ 6 = 130
Summons
130 130
138 ± 7
138 ‐ 7 = 131
Summons
131 131
331 ± 18
331 ‐ 18 = 313
Summons
313 313
Please download the ‘
ESR Analyst’s Certificate Result’ poster for your station.
‑
ESR Analyst’s Certificate Result.pdf
336.28 KB
Note: Staff are reminded that s75 LTA only requires Police to produce a copy of the ESR Analyst’s Certificate for a blood alcohol result.
A statement from an ESR analyst will only be required if ordered by The Court. Contact the National Traffic Prosecutions Advisor, Police
Prosecutions, PNHQ should you require further information.
Drink driving infringement offence notices
When:
‑ a driver 20 years or over, without an Alcohol Interlock or Zero Alcohol Licence, provides a breath result of 251‐400 micrograms
of alcohol per litre of breath or 51‐80mg/100 milligrams of alcohol per 100 millilitres of blood,
or
‑ a driver under 20 years, without an Alcohol Interlock or Zero Alcohol Licence, provides a breath result of 1‐150 micrograms of
alcohol per litre of breath or 1‐30 milligrams of alcohol per 100 millilitres of blood,
then:
‑ send the completed evidential documents to the Police Infringement Bureau, once the ION is Affirmed, for processing. This file
must include the:
‑ Breath & Blood Alcohol Procedure sheet
(POL515) with the ION number (Block O),
‑ Officers note book entries,
‑ ESR analyst's
certificate (where applicable),
‑ POL540 (where applicable), and
‑ Any other applicable documents.
‑ If using OnDuty EBA, you can create the ION from the OnDuty EBA. On submit, a NIA Occurrence will automatically be created.
This chapter was replaced by "Impaired driving" on 3 March 2023
40/77
link to page 3
Alcohol and drug impaired driving.doc
Note: the Police Infringement Bureau will link the POL515 to the electronic ION.
Refer to the 'Traffic patrol techniques' chapter for guidance on collection of specified particulars under s113 LTA. For guidance on
photographing at checkpoints, refer to ‘Part 6 ‐ Road blocks and stopping vehicles for search purposes’ in the ‘Search’ chapter of the
Police Manual.
Note
If a CARD event was created for the incident, ensure the CARD event number is recorded in OnDuty EBA where required, the Notes
section of the ION where necessary, and on page one of the POL515 or POL1115.
Charging documents for offences that don't fall within the infringement range should be processed within district using existing
processes.
Cost recovery
If a driver's blood alcohol reading results in a charging document, the blood test fee and associated medical expenses are deemed a
fine upon conviction and sought at court.
If a driver's blood alcohol reading does not contravene the Land Transport Act or where the driver is 20 years old or over and an
infringement offence notice is issued, costs may be recovered through civil cost recovery.
Contact the Manager: Operational Support: National Road Policing Centre for advice.
Refer to the following table for particular offences for age and licence types.
This chapter was replaced by "Impaired driving" on 3 March 2023
41/77
link to page 3 link to page 3
Alcohol and drug impaired driving.doc
Download a printable PDF version of the flowchart.
‑
pol004 impaired driving ‐ July 2019
630.42 KB
Drug impaired driving charging decision
Blood test result
This chapter was replaced by "Impaired driving" on 3 March 2023
42/77
link to page 75
Alcohol and drug impaired driving.doc
If the analyst's certificate…
then...
SpecimenComments
Charge
(1st or
2nd)
shows presence of a qualifying drug prepare prosecution file and serve a copy of the analyst’s certificate and A401
You can serve
‐ where CIT not completed
a summons on the driver as soon as possible, and arrange for a charging
copies to the
satisfactorily
document to be filed.
driver by
mail, or in
shows presence of a controlled drug
A402
person.
specified in schedule 1 drug
MODA where a hospital blood
specimen is collected
shows excess blood alcohol and
prepare prosecution file for EBA and note the presence of drugs in the
A323 or
presence of schedule 1 drug
summary of facts. Then serve a copy of the analyst’s certificate and a
A324
summons on the driver as soon as possible, and arrange for a charging (under 20)
document to be filed.
The ESR approved analyst sends the analyst's certificate, which records the result, to the enforcement officer named in Part D of the
Blood Specimen Medical Certificate (POL540).
See
'Evidential certificates'.
This chapter was replaced by "Impaired driving" on 3 March 2023
43/77
link to page 3 link to page 3
Alcohol and drug impaired driving.doc
Part 7 ‐ Subsequent enforcement action
Ensure all subsequent enforcement actions are taken against drivers to mitigate road safety risks.
Subsequent actions
The following actions may be applicable subsequent to processing impaired drivers.
Download a printable PDF version of the flowchart.
‑
pol004‐suspension‐licence.pdf
194.75 KB
This chapter was replaced by "Impaired driving" on 3 March 2023
44/77
link to page 3 link to page 3 link to page 3 link to page 3 link to page 3 link to page 3 link to page 3 link to page 64 link to page 64
Alcohol and drug impaired driving.doc
Forbidding a person to drive
Forbidding to drive
Consider using your powers under section 121 LTA where it is in the interests of the driver and the public. Forbid them to drive if they
are:
‑ for whatever reason, incapable of having proper control of the vehicle, or
‑ in breach of driving hours restrictions (heavy motor vehicle or transport service licence drivers only).
When you must forbid to drive for up to 12 hours
You must forbid a person from driving for up to 12 hours, if that person's EBT result is positive (s121(3) LTA). You
must however, always
be satisfied the driver is incapable of proper control.
This applies whether or not:
‑ the driver asks for a blood specimen to be taken, and
‑ a blood specimen is taken.
You do not have to wait and see if they drive or attempt to drive before intervening. The prosecution does not have to prove that the
driver
in charge intended to drive the vehicle, but it must be able to show the driver was incapable of having proper control of the
vehicle because of their physical or mental condition. Where possible, use your powers under section 121 immediately when you
become aware of the situation.
How to enforce prohibition
You can enforce this prohibition by:
‑ requiring the driver, or person
in charge of the vehicle, to surrender all vehicle keys, and/or
‑ rendering the vehicle immobile (no damage to the vehicle is permissible).
Forbid to drive in writing
StepAction
1
Make the prohibition in writing on the Road Safety Directive POL406, advising that the driver, or person in charge of the vehicle, is
forbidden to drive any motor vehicle.
2
State where and when the keys (or other part of vehicle removed to make it immobile) can be uplifted.
3
Provide access to a phone to arrange transport home. For security reasons do not offer personal issue mobility devices.
4
Notify your FMC or Support Officer to load the alert immediately. If Winscribe is used identify: driver name, DLICNO, the creation
date and period of forbidding.
Failing to comply
If the driver fails to comply with any direction or carries out any forbidden act, they commit an offence under sections 52(1)(c) and
121(4) LTA and, if necessary, can be arrested.
The driver may also be arrested and can be summonsed for driving whilst forbidden or issued an ION for driving without a current
appropriate driver licence, and the vehicle impounded for 28 days.
Also remember your power under section 122 to seize and impound the vehicle for a period not exceeding 12 hours if you have
reasonable grounds to believe public safety is at risk. But there must be no other action that can be taken.
What to do with seized keys or vehicle parts
Put the seized keys or removed vehicle part in the watchhouse and record the details in the Seized Key Book before you cease duty.
This chapter was replaced by "Impaired driving" on 3 March 2023
45/77
link to page 3
Alcohol and drug impaired driving.doc
If vehicle is moved to a safe place
If you have moved the vehicle to a safe place (or to remove a road hazard), record details of this in the Towed Vehicle Log and enter a
NIA alert against the vehicle.
This chapter was replaced by "Impaired driving" on 3 March 2023
46/77
link to page 4 link to page 4 link to page 4 link to page 4 link to page 4 link to page 4 link to page 4 link to page 39 link to page 39
Alcohol and drug impaired driving.doc
Suspending a driver licence
Suspension requirements
Under section 95 LTA, you must suspend a driver's licence (including an overseas driver licence) for a period of 28 days where:
‑ a person has been convicted within the last four years of an
applicable offence and a breath test exceeds 400 micrograms of
alcohol per litre of breath, or a blood sample exceeds 80 milligrams of alcohol per 100 millilitres of blood
‑ a breath test exceeds 650 micrograms of alcohol per litre of breath
‑ a blood sample exceeds 130 milligrams of alcohol per 100 millilitres of blood
‑ a person failed or refused to undergo a blood test
‑ a person exceeds the permanent posted speed limit by more than 40 km/h, or
‑ a person exceeds any other speed limit by more than 50 km/h.
Applicable offences
Offences against any of sections 56(1) or (2), 57A, 58(1), 60(1), or 61(1) or (2) LTA, mandate the immediate suspension of a driver's
licence and may give rise to the impoundment of the vehicle for 28 days, if the driver has been previously convicted of any of these
offences in the past four years.
Breath test result
If a person's breath test sample:
‑ exceeds 400 micrograms of alcohol per litre of breath and has been convicted of an
applicable offence within the last 4 years,
or
‑ exceeds 650 micrograms of alcohol per litre of breath
then you must suspend the licence immediately on the breath test result.
Blood test result
When you receive a blood test result that exceeds 130 milligrams of alcohol per 100 millilitres of blood, you must suspend the person's
licence for 28 days, unless you have already suspended the licence for 28 days for an excess breath alcohol reading from the same
incident.
How to suspend a driver licence
Follow these steps to suspend the person's driver licence.
Step Action
1
Tell the driver their licence is suspended for 28 days.
2
Have them immediately surrender their driver licence.
3
Hand the driver a copy of the suspension form Notice of Mandatory Suspension of Driver Licence (POL1005).
Suspension starting date
The suspension starts immediately when the notice is handed to the driver. Therefore if the suspension occurs after receipt of the
blood specimen result, you must write on the Mandatory Suspension of Drivers Licence (POL1005) the date you
uplift the licence as the
commencement date of the suspension ‐ do not enter the offence date.
If the suspension does not occur at the driver's home, you must provide a phone for them to arrange transport home. You can also take
them to the nearest location where they can arrange to be collected. The location must provide for food, shelter and adequate
communication facilities; however, there is no obligation for Police to feed the driver.
Note: Both your supervisor and you should check suspension notices carefully. Errors often lead to the matter being dropped or the
This chapter was replaced by "Impaired driving" on 3 March 2023
47/77
link to page 4 link to page 4
Alcohol and drug impaired driving.doc
suspect acquitted by court.
Paperwork
Once you have issued a suspension notice and the licence has been surrendered to you:
‑ send the original suspension notice, with the driver licence, to the New Zealand Transport Agency at the address below,
‑ complete the online Driver Licence Suspension notification (*SUSP),
‑ send the Police copy of the suspension notice and a copy of the *SUSP to the File Management Centre (FMC) for processing.
Note: where the traffic stop has also resulted in the issuing of an ION (e.g., unlicensed motor vehicle), consider if a copy of the ION
should be added to the file for assisting the prosecutor with sentencing discussions.
Send the original copy of the suspension notice, with the driver licence, to the:
Business Support Services
Transport Registry Centre
Private Bag 11777
PALMERSTON NORTH 4442
Extension of 28 day suspension
A 28 day suspension can be extended as detailed in the 'Driver licensing' chapter of the Police Manual.
This chapter was replaced by "Impaired driving" on 3 March 2023
48/77
link to page 4 link to page 4
Alcohol and drug impaired driving.doc
Impounding a vehicle
Refer to the 'Impounding vehicles' chapter of the Police Instruction for further details.
Impoundment requirements relating to driver's breath and blood alcohol levels
Under section 96(1)(d) LTA you are required to impound a vehicle for a period of 28 days where a driver has been convicted within the
last four years of two or more applicable offences and:
‑ their breath test exceeds 400 micrograms of alcohol per litre of breath, or
‑ their blood sample exceeds 80 milligrams of alcohol per 100 millilitres of blood, or
‑ they fail or refuse to undergo a blood test after having been required or requested to do so under section 72 or section 73.
See also 'Impounding vehicles' chapter.
This chapter was replaced by "Impaired driving" on 3 March 2023
49/77
link to page 4 link to page 68
Alcohol and drug impaired driving.doc
DNA sampling
Refer to
When to request a DNA Sample.
This chapter was replaced by "Impaired driving" on 3 March 2023
50/77
link to page 4 link to page 4 link to page 4 link to page 4 link to page 51
Alcohol and drug impaired driving.doc
Part 8 ‐ Process how to operate compulsory breath test (CBT) checkpoints
Many drink drivers are detected through the use of compulsory breath test (CBT) checkpoints, operated by Impairment Prevention
Teams and the use of Mobile Road Safety Bases.
Principles
Police has obligations under the Health and Safety at Work Act 2015 to ensure CBT checkpoints are:
‑ safe for both Police staff and public
‑ highly visible
‑ rigorously enforced.
CBT locations
The site supervisor is responsible for the safety of all staff and motorists at the CBT site.
Careful consideration must be given to the
safety requirements as well as general occupational health and safety.
Traffic flows must be constantly monitored to prevent excessively long queues forming leading to the CBT site. If the end of the queue
cannot be seen from the site, suspend CBT operations until the queue is cleared.
Note: Larger CBT operations may require traffic management plans and consultation with and/or assistance from the local authority
or the New Zealand Transport Agency (NZTA).
CBT safety requirements
When setting up a CBT checkpoint, the primary consideration is safety of enforcement officers and the public.
To maximise safety, follow the guidelines in this table.
This chapter was replaced by "Impaired driving" on 3 March 2023
51/77
link to page 4
Alcohol and drug impaired driving.doc
Safety area Guidelines
Supervision All CBT sites must have a designated:
and staffing Site supervisor This is usually the officer in charge of the section carrying out the operation, and is responsible for the
supervision and guidance of employees working at the CBT site, as well as site safety.
Mobile Road
Sets up the Mobile Road Safety Base at the checkpoint start and shuts it down at the end. They
Safety Base
should, where possible, be well versed in the drink/drug drive procedures.
operator
Note: There are some drivers/operators that do not have constabulary powers. They must hold the
correct class of driver licence to drive the ‘base’.
Site
All safety issues must be raised with the site supervisor who will:
management
‑
ensure the site location gives approaching traffic sufficient visibility and time for drivers to adjust their driving and
enter the site safely
‑
monitor the weather. If adverse conditions affect the safe operation of the checkpoint, suspend or cancel it.
Consider moving to an alternative location.
Site
Before the checkpoint can operate, there must be adequate signage and illumination. The site supervisor must:
illumination
‑
monitor the officers' activity on the site with a view to ensuring their safety. Ensure they are wearing an
appropriate high visibility safety garment (day and night checkpoints)
‑
ensure officers use a torch fitted with a red cone or a special wand torch when the site is operating during fading
daylight or dark hours.
Equipment The site supervisor must ensure employees always have the correct equipment available.
At the end of the operation, the site supervisor and 'base' operator must ensure all equipment used is collected and
checked before leaving the site. Ensure equipment that needs to be re‐charged is placed in the recharging units.
All employees must advise the site supervisor of any vehicle and equipment faults or losses as soon as they are noticed.
Shifts
Close a CBT operation at least half an hour plus travel time before the shift ends.
Support vehicle (spotter)
Experience has shown that most drivers stop when instructed to at CBT checkpoints. However, some vehicles may turn off, stop and
change drivers before the site or U‐turn in view of the checkpoint and head off in the other direction.
You should use a support vehicle on the approach sides of the checkpoint, to observe both approaching traffic and the CBT site. The
support vehicle may be marked or unmarked, and is usually staffed by one enforcement officer.
The support vehicle must remain stationary and the driver must:
‑ remain in radio contact with the site supervisor
‑ look for and intercept all suspect vehicles that turn before the site entrance
‑ look for vehicles that stop before the site to change drivers.
If a vehicle avoids a CBT checkpoint and fails to stop when requested to do so by the support vehicle, ensure all aspects of the 'Fleeing
driver policy' are complied with. This includes a TENR operational threat assessment, notification to Comms, and activation of lights
This chapter was replaced by "Impaired driving" on 3 March 2023
52/77
link to page 4 link to page 4 link to page 4 link to page 4
Alcohol and drug impaired driving.doc
and siren.
Site vehicles
Use marked Police vehicles as site vehicles to:
‑ provide extra protection for employees (for safety, at least one marked vehicle must always stay at the CBT checkpoint)
‑ transport offenders (the support vehicle can also be used for this)
‑ pursue vehicles when necessary.
Ensure site vehicles comply with the Road User rule by parking legally.
Enforcement vehicles must be illuminated from a light source so that they are visible or operate their vehicle park lights when
stationary on the roadside during the hours of darkness.
This enhances officer safety and gives additional warning to the public.
Covert drink driving operations
Only use a covert checkpoint when a known drink‐drive problem exists in a known and defined geographic area, and that problem
cannot be dealt with by the normal high‐profile CBT checkpoints. Only use this type of checkpoint on the direction of the District Road
Policing Manager.
During the operation, the unmarked cars should preferably operate in the same geographical location as the Mobile Road Safety Base
used for the CBT checkpoint. The Mobile Road Safety Base provides a base for processing impaired drivers located by unmarked
vehicles. Park the Mobile Road Safety Base in a discreet location in, or very near, the CBT operation area. The Mobile Road Safety Base
operator or other designated enforcement officer must always stay with the Mobile Road Safety Base.
You can also use marked vehicles to locate and process impaired drivers during covert operations. However, marked vehicles may
remain with the Mobile Road Safety Base and carry out normal CBT checkpoint operation, as required.
Mobile breath testing
Refer to 'Traffic patrol techniques' for the procedures related to safe and effective vehicle stops.
Safety
Stopping a suspected impaired driver presents a high risk to your safety as such drivers can be very unpredictable. You must:
‑ advise Comms of your intention to stop a vehicle so they know your location, and can provide a status report on the suspect's
vehicle
‑ ensure you are wearing your high visibility safety garment (day or night) to comply with the requirements under the 'High
Visibility Safety Garments' chapter.
‑ apply the contact and cover principles (in the 'Traffic patrol techniques' chapter) during the vehicle stop.
This chapter was replaced by "Impaired driving" on 3 March 2023
53/77
link to page 4 link to page 4 link to page 4 link to page 4 link to page 14 link to page 15 link to page 60 link to page 22
Alcohol and drug impaired driving.doc
Alcohol impairment test procedures
Testing steps
The procedure for testing drivers for alcohol impairment is set out in the Land Transport (Breath Tests) Notice 2015 and sections 68 to
74 LTA. These sections contain a series of steps beginning with a
passive breath test (sniffer) or
breath screening test, and in given
circumstances, to an
evidential breath test (EBT) and/or a
blood test.
Usually, the first test carried out is a passive breath test.
Use the OnDuty EBA or POL515 to ensure correct testing
Always use OnDuty EBA or the Breath & Blood Alcohol Procedure Sheet (POL515) to guide you through the process, which includes the
required bill of rights and advice. Remember that in any defended hearing, the defence may challenge the manner by which an alcohol
impairment test was administered.
Approved devices
Breath testing devices must be approved, assembled, tested and results interpreted according to the Land Transport (Breath Tests)
Notice 2015. You must be able to explain how the test was carried out and satisfy the court that you administered it according to the
requirements of the Notice.
This table details the devices currently approved for use.
Device name Device purpose
Type of test
‑ Dräger This device tests the alcohol concentration of the driver's breath electronically:
6510
‑ It displays a digital reading “No Alcohol”, or “Alcohol” on its screen.
‑ Passive
breath test.
‑ It displays a digital reading “Pass”, “Under 250”, “250✛Over”, or “Over 400” on its screen.
‑ Breath
screening
test.
‑ Dräger This device tests the alcohol concentration of the driver’s breath electronically. It displays a digital
‑ Passive
7510NZ reading “No Alcohol”, or “Alcohol” on its screen.
breath test.
It displays a digital reading “Pass”, “Under 250”, “250✛Over”, or “Over 400” on its screen.
‑ Breath
screening
test.
It displays a digital reading of the ‘Evidential’ result.
‑ EBT
‑ Dräger It displays a digital reading of the ‘Evidential’ result.
‑ EBT
9510NZ
This chapter was replaced by "Impaired driving" on 3 March 2023
54/77
link to page 4 link to page 4
Alcohol and drug impaired driving.doc
Breath screening test ‐ Passive breath‐testing devices
To conduct an effective passive breath test (s68(4) LTA), hold the device 2 ‐ 5cm away from the driver's mouth (like a microphone) until
two clicks are felt (6510 only ‐ 7510NZ has no clicks). Ask the driver to slowly count to 10 and push the "OK" button to take the reading
when the driver has counted to 6. This is because alcohol vapour sits at the bottom of the lungs and the most accurate reading is when
the person has exhaled most of the air from their lungs.
Note: Using or not using a passive breath testing device alone does not affect a breath screening test's validity.
Breath screening test using Dräger 6510
Follow these steps to carry out a breath screening test with a Dräger 6510 device.
StepAction based on passive test result
1
Tell the driver: “I require you to undergo a breath screening test without delay”.
2
Attach a mouthpiece to the device’s breath inlet port.
3
Check if the display panel is showing
READY. Note that if the display panel does not show
READY, press the
OK button briefly and
wait until the display panel shows
READY.
4
Require the driver to blow through the mouthpiece strongly and for a period long enough to provide a breath specimen sufficient
for analysis.
5
When the person stops blowing, check the display panel.
This chapter was replaced by "Impaired driving" on 3 March 2023
55/77
link to page 4
Alcohol and drug impaired driving.doc
If the panel
This means…
Then…
shows…
Insufficient
‑ insufficient breath specimen has been provided for analysis
‑ press the OK button, and
volume
‑ repeat the test, unless you
believe the driver has failed or
refused and will continue to fail
or refuse to undergo the test
without delay.
No alcohol, or
‑ the OK button has been pressed during the test, and a passive
‑ press the OK button, and
alcohol during or
test has occurred or a screening test.
‑ repeat the test. Note: Make
after the breath
sure that the OK button is kept
screening test
clear and not touched while the
driver blows.
‑ the test is negative. The indicator light will be steady green for
‑ the driver is free to go.
approximately 20 seconds.
‑ the proportion of alcohol in the driver’s breath does not exceed
if under 20 years, Alcohol Interlock
250 micrograms of alcohol per litre of breath. The indicator light
or Zero Alcohol Licence holder
will be steady amber for approximately 20 seconds.
‑ require the driver to undertake
an EBT.
if 20 years or over
‑ the driver is free to go.
‑ the proportion of alcohol in the driver’s breath exceeds 250
All drivers
micrograms of alcohol per litre of breath, but does not exceed
400 micrograms of alcohol per litre of breath. The indicator light
‑ require the driver to undertake
will alternately flash amber/red for approximately 20 seconds.
an EBT,
‑ the proportion of alcohol in the driver’s breath exceeds 400
All drivers
micrograms of alcohol per litre of breath. The indicator light will
be a steady red for approximately 20 seconds.
‑ Require the driver to undertake
an EBT,
6
Notify the driver of the result.
Breath screening test using Dräger 7510NZ
Follow these steps to carry out a breath screening test with a Dräger 7510NZ device.
This chapter was replaced by "Impaired driving" on 3 March 2023
56/77
Alcohol and drug impaired driving.doc
StepAction based on passive test result
1
Tell the driver: "I require you to undergo a breath screening test without delay".
2
Select 'Screening' from the display panel, then press 'OK'.
3
Attach a mouthpiece to the device's breath inlet port, then press OK to confirm.
4
Require the driver to blow through the mouthpiece steadily and for a period long enough to provide a breath specimen sufficient
for analysis.
5
When the person stops blowing, check the display panel.
This chapter was replaced by "Impaired driving" on 3 March 2023
57/77
link to page 4 link to page 19
Alcohol and drug impaired driving.doc
Step If
A t
c h
ti e
on bas T
e h
d is
o m
n peaasn
sis…
ve test result
Then…
panel
shows…
Insufficient
‑ insufficient breath specimen has been provided for analysis
‑ press the OK button, and
volume
‑ repeat the test, unless you believe
the driver has failed or refused or will
continue to fail or refuse to undergo
the test without delay.
‑ the test is negative. The indicator light will display a steady
‑ the driver is free to go, unless signs
green.
of impairment, in which case consider
a CIT.
‑ the proportion of alcohol in the driver's breath does not exceed
if under 20 years, Alcohol Interlock or
250 micrograms of alcohol per litre of breath. The indicator light
Zero Alcohol Licence holder
will be steady amber.
‑ require the driver to undertake an
EBT.
if 20 years or over
‑ the driver is free to go.
‑ the proportion of alcohol in the driver's breath exceeds 250
All drivers
micrograms of alcohol per litre of breath (but does not exceed 400
micrograms of alcohol per litre of breath). The indicator light will
‑ require the driver to undertake an
alternately flash amber/red.
EBT.
‑ the proportion of alcohol in the driver's breath exceeds 400
All drivers
micrograms of alcohol per litre of breath. The indicator light will
be a steady red.
‑ Require the driver to undertake an
EBT.
6
Notify the driver of the result.
Test results
This chapter was replaced by "Impaired driving" on 3 March 2023
58/77
link to page 45 link to page 39 link to page 47 link to page 47 link to page 49 link to page 47
Alcohol and drug impaired driving.doc
If the result …
then...
Is positive
Process them for impaired driving and
forbid them from driving for up to 12 hours as appropriate,
under section 121 LTA.
Check NIA for any convictions entered against the driver within the last four years for applicable
offences (excluding youth limit offences and section 62(1) offences).
If there...
then you must...
is one conviction
suspend their driver licence for 28 days.
are two or more
suspend their driver licence for 28 days
and impound their vehicle for 28
convictions
days.
Exceeds 650 micrograms of
you must in all cases
suspend their driver licence for 28 days under section 95(1) LTA.
alcohol per litre of breath
This chapter was replaced by "Impaired driving" on 3 March 2023
59/77
link to page 4 link to page 4 link to page 4 link to page 54
Alcohol and drug impaired driving.doc
Evidential breath test (EBT) procedures
Devices and facilities
There are two approved EBT devices (the Dräger 9510NZ and the Dräger 7510NZ).
The Dräger 9510NZ is not portable, and you will need to transport the driver to the testing place (e.g. Police station or Mobile Road
Safety Bases), and then check that EBT facilities are available. If undertaking operations in more rural areas, if may be worthwhile
ascertaining which devices are more appropriate to use.
The Dräger 7510NZ is the portable hand‐held EBT device, and the EBT procedure can be conducted at the roadside (if appropriate, and
in accordance with TENR).
Locate an
approved EBT device. The type of device available will depend on the place where the test is conducted.
If it is not practical to do an EBT at the first place, for example if test facilities are not available, section 69(2) LTA empowers you to
require the driver to accompany you to another place for an EBT, blood test or both.
A driver must be required to accompany, even if it is to a nearby patrol car or Mobile Road Safety Base to continue testing procedures.
Note: The thermal printout paper used for the
DRÄGER 9510NZ and DRÄGER 7510NZ reacts with tape used to attach the printout to
the EBA check sheet. Please ensure staples are used with this thermal paper.
EBT using Dräger 9510NZ
Follow these steps to carry out an EBT with a Dräger 9510NZ.
This chapter was replaced by "Impaired driving" on 3 March 2023
60/77
link to page 4
Alcohol and drug impaired driving.doc
StepAction
1
Say to the person: "I now require you to undergo an Evidential Breath Test without delay".
Note: The term 'without delay' means 'as soon as reasonably practical'.
2
Start the testing sequence by pushing the
start button.
3
‑
Follow the instructions on the device's display panel.
‑
Attach a new mouthpiece to the breath inlet tube and instruct the driver to blow through the mouthpiece to provide a
breath specimen sufficient for analysis. A tone will be heard when the driver is blowing into the device correctly.
‑
Repeat as required, until the testing sequence has been completed.
4
The results of these steps are on the printout and include the EBT result which indicates the number of micrograms of alcohol
per litre of breath.
Where two samples are provided, the lower of the two results is the EBT test result.
If. . .
then. . .
only one sufficient sample has been provided and the result is 600 the Evidential Breath Test Result will be that result.
or below,
only one sufficient sample has been provided and the result is over that will print out as an incomplete test, and the test may be
600mgms,
repeated.
the EBT result shows "Incomplete Test",
the test has been unable to be carried out and you may
repeat it.
EBT using Dräger 7510NZ
Follow these steps to carry out an EBT with a Dräger 7510NZ.
This chapter was replaced by "Impaired driving" on 3 March 2023
61/77
link to page 4
Alcohol and drug impaired driving.doc
StepAction
1
Select 'Evidential from the display panel, then press 'OK'.
2
Say to the person: "I now require you to undergo an Evidential Breath Test without delay".
Note: The term 'without delay' means 'as soon as reasonably practical'.
3
The testing sequence starts by selecting 'EVIDENTIAL'.
4
‑ Follow the instructions on the device's panel.
‑ Attach a new mouthpiece to the breath inlet port and instruct the driver to blow through the mouthpiece steadily until
they have provided a breath specimen sufficient for analysis. A continuous clear tone will be heard when the driver is
blowing into the device correctly.
‑ Repeat as required, until the testing sequence has been completed.
5
The results of these steps are on the printout and include the EBT result which indicates the number of micrograms of alcohol
per litre of breath.
Where two samples are provided, the lower of the two results is the EBT test result.
If. . .
then. . .
only one sufficient sample has been provided and the result is 600 the Evidential Breath Test Result will be that result.
or below,
only one sufficient sample has been provided and the result is over that will print out as an incomplete test, and the test may be
600mgms,
repeated.
the EBT result shows "Incomplete Test",
the test has been unable to be carried out and you may
repeat it.
Procedure for further testing at a second place
Follow these steps for further testing at a second place.
This chapter was replaced by "Impaired driving" on 3 March 2023
62/77
Alcohol and drug impaired driving.doc
StepAction
1
Say to the driver: "I now require you to accompany me to the .. . . . . . . . Police station or other such place for the purpose of an
evidential breath test, blood test, or both."
2
Ensure you caution the driver as detailed in OnDuty EBA or on the POL 515.
3
You have no obligation to discuss the consequences of a failure to accompany you with the driver. Do not threaten or discuss
arresting the driver to further the process of securing evidence of intoxication.
If you do mention arrest in relation to the EBT process, you must also mention that bail could be available.
Refer to El icock v Courtney (1992) 8 CRNZ 390 (HC) on failure to mention bail.
This chapter was replaced by "Impaired driving" on 3 March 2023
63/77
link to page 4 link to page 4 link to page 4 link to page 4 link to page 4 link to page 4 link to page 10 link to page 54
Alcohol and drug impaired driving.doc
Part 9 ‐ Legislation
Driver obligations
Refer to
Driver obligations.
In charge of a vehicle
Examples of being 'in charge' of a vehicle include situations where:
‑ a passenger who remains in the vehicle while the driver is being breath tested and who is also under the influence of alcohol
takes the keys from the ignition and refuses to give them to you, thereby taking de facto control of the vehicle
‑ a person parks a vehicle in the middle of the road, not realising what they are doing, while under the influence of alcohol or
drugs. As they walk away from the vehicle, it is struck by another vehicle whose driver is killed. The person is in charge of the
stationary vehicle, but not driving it.
Power of entry on private property
Before entering onto private property under section 119(2) LTA you must be in fresh pursuit and suspect the driver has:
‑ failed to stop
‑ failed to give their name and address
‑ driven dangerously or recklessly, or
‑ recently been under the influence of drink or drugs or both.
Testing steps
Refer to
Testing Steps.
Requiring the driver to accompany you
If you initiate the evidential breath testing procedure while operating a checkpoint, you must require the driver to accompany you to a
place for further testing, even if this is only to the nearby Mobile Road Safety Base or your patrol car.
You can require a driver to accompany you (or any other enforcement officer) to a place where it is likely the driver can undergo an EBT
or a blood test (or both) if:
‑ the driver has undergone a breath screening test under section 68 LTA and the test appears to you to indicate that the
proportion of alcohol exceeds 250 micrograms of alcohol per litre of breath
‑ the driver holds an Alcohol Interlock or Zero Alcohol Licence and has undergone a breath screening test under section 68
indicates there is some alcohol in the driver's breath
‑ it appears to you that the driver is younger than 20 and that a breath screening test undergone by the driver under section 68
indicates there is some alcohol in the driver's breath
‑ the driver fails or refuses to undergo a breath screening test without delay after you have required them to do so under section
68, or
‑ the person could be required to undergo a breath screening test without delay under section 68 but cannot be tested because:
‑ a breath screening device is not readily available, or
‑ for any reason, a breath screening test cannot then be carried out, and
‑ you have good cause to suspect that the person has consumed alcohol.
(s69(1) LTA)
In accordance with section 69(3) LTA, you can require a driver to accompany you under subsection (1) if it is likely that the driver can
undergo:
‑ an EBT at that place, whether or not it is likely that they do undergo a blood test there, or
‑ a blood test at that place, whether or not it is likely that they do undergo an EBT there.
If it is not practical to do an EBT at the first place, for example if test facilities are not available, section 69(2) LTA empowers you to
require the driver to accompany you to another place for an EBT, blood test or both. This is the last opportunity provided in the
legislation to take the person somewhere for an EBT.
This chapter was replaced by "Impaired driving" on 3 March 2023
64/77
link to page 4 link to page 4 link to page 4 link to page 4 link to page 4 link to page 4 link to page 65
Alcohol and drug impaired driving.doc
Bill of Rights
Under section 23(1) of the New Zealand Bill of Rights Act 1990, requiring a driver to accompany you constitutes 'detention under an
enactment'. Therefore you must advise the driver of their rights to access legal advice. Refer to the EBA Check Sheet (POL515).
Power to arrest
You can arrest without warrant anyone who you have good cause to suspect has:
‑ committed an offence against any of sections 56 to 62 LTA, or
‑ assaulted you or any enforcement officer while acting in the course of official duty.
(s120(1) LTA)
Note: Sections 56 to 62 LTA relate to the offences of driving while under the influence of drink or drugs, failure or refusal to remain or
supply a blood specimen and causing injury or death or while under the influence.
Grounds to arrest
To commence or complete EBA or drug testing procedures, Police may arrest impaired drivers when:
‑ the driver fails to accompany an enforcement officer to undertake a breath test, CIT, or blood test
‑ there are reasonable grounds to believe that a driver, if released, would be likely to risk public safety by driving whilst still
impaired, or would repeat the offence
‑ there is doubt about the driver's identity, and
‑ there is doubt the driver would appear for court.
As alcohol and/or drug impaired driving offences carry a term of imprisonment of more than three months, general powers of arrest
also exist.
If an arrested person is suspected of an offence
You may still attempt to complete the alcohol or drug procedures if you have arrested the driver under section 120(1) LTA, including for
the purpose of requiring the person to undergo a Compulsory impairment test and:
‑ you have good cause to suspect that the driver has committed an offence against any of sections 56 to 62 LTA, and
‑ a medical practitioner has examined the driver and believes they may be under the influence of drink/drug, or both, or
‑ the driver has refused to be examined by a health practitioner for the purposes of this paragraph (s72(1)(d) LTA).
As alcohol and/or drug impaired driving offences (except for ION level offences) carry a term of imprisonment of more than three
months, general powers of arrest also exist.
Driver under 20 years
Drivers under 20 years old are subject to a ZERO legal limit for breath/blood alcohol concentration (BAC). Drivers under 20 detected
with a breath alcohol reading 150 micrograms of alcohol per litre of breath or below will be issued with an infringement offence notice
($200 and 50 demerit points).
Drivers aged under 20 have the right to elect a blood test when an evidential breath test indicates consumption of alcohol. However, if
a blood test is taken for any reason and the result shows the presence of alcohol at a level of 30 milligrams or less of alcohol per 100
millilitres of blood, then an ION must be issued ($200 and 50 demerit points).
Conduct all alcohol testing procedures for drivers
apparently younger than 20 until, you or the driver is able to prove otherwise.
Production of an apparently valid driver licence may be proof of age. If a NIA check cannot be made until you return to a station,
continue with the EBT procedure for drivers under 20.
The meaning of 'apparently younger than 20'
This chapter was replaced by "Impaired driving" on 3 March 2023
65/77
link to page 4 link to page 22
Alcohol and drug impaired driving.doc
Under section 71 LTA, you are entitled to regard a driver as being younger than 20 if they:
‑ produce a driver licence showing they are younger than 20
‑ produce a driver licence showing that they are 20 or older, but you have good cause to suspect:
‑ the licence has been issued to some other person,
‑ the licence is invalid, or
‑ the driver who produced the licence is under 20, or
the driver fails to produce a driver licence and is unable to satisfy you by some other means that they are 20 or older.
Note: You are not obliged to take any further steps to ascertain a driver's age for section 69 LTA other than requiring the production of
a driver licence.
Positive EBT
Following a positive EBT result,
eligible drivers have 10 minutes to make a decision as to whether they choose to elect a blood test.
Once a driver has elected to undergo a blood test, i.e., whenever that election occurs within the 10 minute period, the driver must
undergo a blood test. A health practitioner or medical officer is then called to collect a blood specimen.
Where a driver does not elect blood, the detention continues until the expiry of the 10 minute period. If the driver attempts to leave
within the 10 minute period, they should be warned of arrest. If the driver does not elect blood, summons them based on the positive
EBT result.
This chapter was replaced by "Impaired driving" on 3 March 2023
66/77
link to page 4 link to page 4 link to page 4 link to page 4 link to page 4 link to page 4 link to page 4
Alcohol and drug impaired driving.doc
Errors in test results and enforcement procedures
Breath alcohol offences
It is no defence to proceedings for an LTA offence concerning the proportion of alcohol in a driver's breath if:
‑ there was, or may have been, an error in the breath screening test result or EBT, or
‑ the occurrence, or likely occurrence, of any such error did not entitle or empower a driver to request or require an EBT.
(s64(4) LTA)
If a driver refuses an EBT
You can require (s72(1)(a) LTA) a blood specimen to be taken if the driver fails or refuses to undergo, without delay an EBT, after you
have required them to do so under section 69.
If an EBT cannot be conducted
You can require a blood specimen to be taken if:
‑ an EBT device is not readily available at the place to which the driver has accompanied you under section 69 (whether or not it
was likely, at the time the requirement was made, that the person could undergo an EBT at that place), or the place to which the
driver has been taken under arrest, or
‑ for any reason, an EBT cannot be carried out at that place.
(s72(1)(c) LTA)
Requiring additional EBT tests
If you have carried out an EBT on a person under section 69 LTA, and for any reason, it failed to produce a result you can, at your
discretion:
‑ require the driver to undergo, without delay, a further EBT (s70 LTA), or
‑ proceed as if section 72(1)(c) applies, that is, you may require the person to give a blood specimen.
(s70(1) LTA)
If a driver undergoes an EBT and the result contains a numerical value there is no authority to require the person to undergo another
EBT, regardless of the fact that one of the subject tests gives a reading of "NO SAMPLE" (see MOT v Muir [1991 BCL2135]).
Detention and 10 minute period for blood
Rae v Police [2000] 3 NZLR 452 examined the issue of detention and held that detention continues until the expiry of the 10‐minute
period or issuing a summons pursuant to section 19B of Summary Proceedings Act 1957.
Note: Although section 19B Summons has been replaced by the sections 28 and 29 (Criminal Procedure Act 2011) summons, Rae's
case is still good law.
Blood alcohol offences
It is no defence to proceedings for an LTA offence in respect of the proportion of alcohol in a driver's blood, if:
‑ there was, or may have been an error, in the result of the breath screening test or EBT, or
‑ the occurrence, or likely occurrence, of any such error did not entitle or empower a driver to request or require an EBT or a blood
test.
(s64(5) LTA)
This chapter was replaced by "Impaired driving" on 3 March 2023
67/77
link to page 4 link to page 4 link to page 5 link to page 5 link to page 5 link to page 5 link to page 5 link to page 5 link to page 30
Alcohol and drug impaired driving.doc
Note: Whether or not the driver requests blood, no defence ((4) and (5)) is available on the basis that the EBT machine was faulty.
Request for independent specimen analysis
The driver or their lawyer may apply in writing for one of the two blood specimens to be sent to a private analyst, under section 74(7)
LTA.
This application must be made within 28 days of:
‑ the date the summons is served
‑ an arrest on a warrant issued under section 34 of the Criminal Procedure Act 2011, the date of arrest,
or
‑ in any other case, the date on which the driver is first charged in court.
Errors in enforcement procedure
It is no defence to proceedings for an offence that a provision forming part of sections 68 to 75A and section 77 has not been strictly
complied with or has not been complied with at all, provided there has been reasonable compliance with such of those provisions as
apply.
(s64(2) LTA)
Sections 68 to 75A and section 77 set out the enforcement procedures for offences involving intoxication.
This 'reasonable compliance' provision is to be liberally applied: Police v Tolich (2003) 20 CRNZ 150 (CA).
DNA sampling
When to request a DNA Sample
Part 2B of the Criminal Investigations (Bodily Samples) Act 1995 does not require Police to take a DNA sample from every driver to be
summonsed for a drink or drug impaired driving charge. The Act provides Police Officers with discretion as to whether they will use this
power or not. The discretion must be exercised appropriately with consideration given to each case on an individual basis which must
be justifiable. Refer to the 'DNA sampling' (Part 2B Operational Sampling guidelines) for further details.
Who should be present when a DNA sample is taken
Section 52 of the Criminal Investigations (Bodily Samples) Act 1995 stipulates those persons who can be present when a DNA sample is
taken from a person under this Act. Other than the exceptions provided by the Act, no‐one unrelated to the sampling process can be
present. Refer to the 'DNA sampling' chapter for further details.
CIT
Drivers in hospital or a medical centre
It is unreasonable to require an injured driver to undergo the assessments required. However, in instances where a driver is released
from hospital (or medical centre) and is still potentially impaired by a drug, they may be required to undertake the CIT post release.
Any injuries sustained would need to be inconsequential, and there would need to be minimal time delay between the motor vehicle
crash and conducting the CIT. It is an offence for a driver's blood taken under section 73, to contain evidence of use of a controlled drug
section 58(1)(b). Drivers in hospital would proceed straight to a blood test. See
'Blood tests at a hospital or medical centre'.
Bill of Rights
Requiring a driver to undergo a CIT, or accompany you to a place for the purpose of undergoing a CIT, constitutes 'detention under an
enactment' (section 23(1) of the New Zealand Bill of Rights Act 1990). Accordingly you must advise the driver of their rights pursuant to
that detention. Ensure the requirements in these documents are complied with:
‑ EBA Check Sheet via OnDuty EBA or the POL515.
‑ CIT Form (POL1115).
This chapter was replaced by "Impaired driving" on 3 March 2023
68/77
link to page 5 link to page 5 link to page 5 link to page 5 link to page 69 link to page 30
Alcohol and drug impaired driving.doc
‑
pol1115.pdf
155.75 KB
Who can be required to undergo a CIT?
Section 71A(1) LTA, provides that any enforcement officer who has
good cause to suspect that a driver has consumed a drug may
require these people to undergo a CIT without delay:
‑ a driver of, or a person attempting to drive, a motor vehicle on a road whom the enforcement officer has good cause to suspect
has recently consumed a drug, or
‑ if an accident has occurred involving a motor vehicle:
‑ the driver of the vehicle at the time of the accident, or
‑ if the enforcement officer is unable to ascertain who the driver of the motor vehicle was at the time of the accident, a
person whom the enforcement officer has good cause to suspect was in the motor vehicle at the time of the accident.
What is good cause to suspect?
Section 71A LTA requires an enforcement officer to form good cause to suspect that a driver has consumed a drug, in order to require
the driver to undergo a CIT, which is based on an officer's observations.
Good cause to suspect has been defined as "a reasonable ground of suspicion upon which a reasonable [person] may act" (Police v
Inoke HC AK CRI‐2006‐404‐103 6 June 2006).
Obligations of driver required to undergo CIT
A driver required to undergo a CIT must:
‑ remain in the place where stopped, for a period of time that is reasonable in the circumstances, to undergo the CIT, or
‑ accompany an enforcement officer to another place to undergo the CIT if going to be administered in another place. See 'CIT
location'.
(s71A(1) LTA)
A driver who has undergone a CIT must remain at the place where they underwent the test, until after the result of the test is
ascertained.
An enforcement officer may arrest a driver without warrant, if they refuse or fail to remain stopped or accompany the enforcement
officer as required.
Offences and level of proof table
This table details the offences and level of proof required.
Offence
You must prove the driver's identity and that they:
Contravening breath‐alcohol limit
‑ drove or attempted to drive a motor vehicle on a road with a breath alcohol level exceeding
400 micrograms of alcohol per litre of breath.
(s56(1) LTA)
Contravening blood‐alcohol limit
‑ drove or attempted to drive a motor vehicle on a road while the proportion of alcohol in their
blood, as ascertained from a blood specimen subsequently taken under section 72 or section
(s56(2) LTA)
73 LTA, exceeded 80 milligrams of alcohol per 100 millilitres of blood.
Contravening breath‐alcohol limit
‑ drove or attempted to drive a motor vehicle on a road with a breath alcohol level exceeding
250 micrograms of alcohol per litre of breath, but does not exceed 400 micrograms of alcohol
(s56(1A) LTA)
per litre of breath.
Contravening breath‐alcohol limit
‑ drove or attempted to drive a motor vehicle on a road while the proportion of alcohol in their
blood, as ascertained from a blood specimen subsequently taken under section 72 or section
(s56(2A) LTA)
73 LTA, exceeded 50 milligrams of alcohol per 100 millilitres of blood, but does not exceed 80
milligrams of alcohol per 100 millilitres of blood.
This chapter was replaced by "Impaired driving" on 3 March 2023
69/77
Alcohol and drug impaired driving.doc
Contravening breath‐alcohol limit
‑ drove or attempted to drive a motor vehicle on a road and failed or refused to undergo an
EBT, and
(s56(2B) LTA)
‑ the proportion of alcohol in their blood, as ascertained from a blood specimen subsequently
taken under section 72 or section 73 LTA, exceeded 50 milligrams of alcohol per 100 millilitres
of blood, but does not exceed 80 milligrams of alcohol per 100 millilitres of blood.
Note: The person commits an infringement offence.
Contravening breath‐alcohol limit
‑ were younger than 20 years, and
‐ person under 20 (s57(1) LTA)
‑ drove or attempted to drive a motor vehicle on a road while the proportion of alcohol in their
breath, as ascertained by an EBT subsequently undergone under section 69, exceeded 150
micrograms of alcohol per litre of breath.
Contravening blood‐alcohol limit
‑ were younger than 20, and
‐ person under 20 (s57(2) LTA)
‑ drove or attempted to drive a motor vehicle on a road while the proportion of alcohol in their
blood, as ascertained from a blood specimen subsequently taken under section 72 or section
73, exceeded 30 milligrams of alcohol per 100 millilitres of blood.
Note: The Oranga Tamariki Act 1989 (OT ACT) applies to those aged under 18 years. Prepare the file
and send to Youth Aid for a charge decision. Documentation about the offending is attached to file,
not given to the driver.
Contravening breath‐alcohol limit
‑ were younger than 20 years, and
‐ person under 20 (s57(1A) LTA)
‑ drove or attempted to drive a motor vehicle on a road while the persons breath, as
ascertained by an EBT subsequently undergone under section 69, contains alcohol but the
proportion of alcohol does not exceed 150 micrograms of alcohol per litre of breath.
Note: The person commits an infringement offence.
Contravening blood‐alcohol limit
‑ were younger than 20 years, and
‐ person under 20 (s57(2A) LTA)
‑ drove or attempted to drive a motor vehicle on a road, while the proportion of alcohol in
their blood, as ascertained from a blood specimen subsequently taken under section 72 or
section 73, contains alcohol but does not exceed 30 milligrams of alcohol per 100 millilitres of
blood.
Note: The person commits an infringement offence.
Driving while impaired and with
‑ drove or attempted to drive
blood that contains a qualifying
‑ did not complete a CIT in a satisfactory manner, and
drug
‑ the driver's blood contains a qualifying drug.
(s57A(1) LTA)
Note: Before requiring a driver to undergo a CIT, an enforcement officer must form good cause to
suspect that the driver has consumed a drug.
It is a defence if the court is satisfied the driver consumed or administered their medicine in
accordance with a current and valid prescription, and a health practitioner or manufacturer's
instructions,
or
if the driver's failure or refusal to undergo a CIT is because of a pre‐existing medical condition or
injury as a result of the accident.
Section 64(1A) and 64(1B) LTA refers.
Note: The Oranga Tamariki Act applies to those aged under 18 years. Prepare the file and send to
Youth Aid for a charge decision. Documentation about the offending is attached to the file, not given
to the driver.
This chapter was replaced by "Impaired driving" on 3 March 2023
70/77
Alcohol and drug impaired driving.doc
Contravening breath alcohol limit
‑ held an alcohol interlock or zero alcohol licence, and
by holder of alcohol interlock
‑ drove or attempted to drive a motor vehicle on a road while the proportion of alcohol in their
licence or zero alcohol licence
breath, as ascertained by an EBT subsequently undergone under section 69, contains alcohol
but does not exceed 250 micrograms of alcohol per litre of breath.
(s57AA(1) LTA)
Contravening blood alcohol limit
‑ held an alcohol interlock or zero alcohol licence, and
by holder of alcohol interlock
‑ drove or attempted to drive a motor vehicle on a road while the proportion of alcohol in their
licence or zero alcohol licence
blood, as ascertained from a blood specimen subsequently taken under section 72 or 73,
contains alcohol but does not exceed 50 milligrams of alcohol per 100 millilitres of blood.
(s57AA(2) LTA)
Contravening breath alcohol limit
‑ held an alcohol interlock or zero alcohol licence, and
by holder of alcohol interlock
‑ drove or attempted to drive a motor vehicle on a road while the proportion of alcohol in their
licence or zero alcohol licence
breath, as ascertained by an EBT subsequently undergone under section 69, exceeds 250
micrograms of alcohol per litre of breath.
(s57AA(4) LTA)
Contravening blood alcohol limit
‑ held an alcohol interlock or zero alcohol licence, and
by holder of alcohol interlock
‑ drove or attempted to drive a motor vehicle on a road while the proportion of alcohol in their
licence or zero alcohol licence
blood, as ascertained from a blood specimen subsequently taken under section 72 or 73,
exceeds 50 milligrams of alcohol per 100 millilitres of blood.
(s57AA(5) LTA)
Driving under the influence of
‑ drove or attempted to drive a motor vehicle on a road
drink or drug
‑ while under the influence of drink/drug, or both, and
‑ to such an extent as to be incapable of having proper control of the vehicle.
(s58(1)(a) LTA)
Driving under the influence of
‑ drove or attempted to drive a motor vehicle on a road, and
drink or drug
‑ the person's blood, taken under section 73 LTA contains evidence of a controlled drug
specified in Schedule 1 of the Misuse of Drugs Act 1975.
(s58(1)(b) LTA)
Failing or refusing to remain or
‑ failed or refused to remain at a place where the driver underwent a breath screening test
accompany
under section 68 LTA, until after the test result was ascertained, or
‑ failed or refused to accompany, without delay, an enforcement officer to a place when
(s59(1) LTA)
required to do so, under section 69, 71A or section 72 LTA, or
‑ having accompanied an enforcement officer to a place under section 69, 71A or section 72
LTA failed or refused to:
‑ remain at the place until required to undergo either an EBT/blood test/CIT, or
‑ accompany an enforcement officer to another place under either of those sections, or
‑ having undergone an EBT under section 69, or CIT under section 71A LTA, failed or refused
to remain at the place where the test was performed until the test result was ascertained.
Failing or refusing to allow
‑ failed or refused to permit a blood specimen to be taken:
blood specimen to be taken, or
‑ after being required to do so under section 72 LTA by an enforcement officer, or
undergo a CIT
‑ without delay after being requested to do so under section 72 LTA by a health
practitioner or medical officer, or
(s60(1) LTA)
‑ was a driver from whom a health practitioner or medical officer may take a blood specimen
under section 73 LTA and refused or failed to permit such a person to do so, or
‑ failed or refused to undergo a CIT under section 71A LTA.
Note: It is a defence to proceedings under this section if the court is satisfied, on the evidence of
a health practitioner, that taking a blood specimen from the driver would be prejudicial to their
health. (s64(1) LTA refers).
This chapter was replaced by "Impaired driving" on 3 March 2023
71/77
Alcohol and drug impaired driving.doc
Causing injury or death while
‑ was in charge of a motor vehicle, and
having excess breath or blood
‑ caused bodily injury to, or the death of, a person while:
alcohol (s61(1) LTA)
‑ the proportion of alcohol in their breath, as ascertained by an evidential breath test
subsequently undergone under section 69 LTA, exceeded 400 micrograms of alcohol
per litre of breath, or
‑ the proportion of alcohol in their blood, as ascertained from a blood specimen
subsequently taken under section 72 LTA or section 73 LTA, exceeded 80 milligrams of
alcohol per 100 millilitres of blood.
Causing injury or death while
‑
under the influence of drink or
was in charge of a motor vehicle, and
drug
‑
(s61(2)(a) LTA)
caused bodily injury to, or death of, a person while:
(s61(2)(b) LTA)
‑
under the influence of drink/drug or both, to such an extent as to be incapable of having
proper control of the vehicle, or
‑
the driver's blood, taken under section 73 LTA contains a controlled drug specified in
Schedule 1 of the Misuse of Drugs Act 1975.
Causing injury or death, not
‑ was in charge of a motor vehicle, and
completing CIT in a satisfactory
‑ caused bodily injury to, or death of, a person while:
manner, and presence of
‑ did not complete a CIT in a satisfactory manner, and
qualifying drug (s61(2)(c) LTA)
‑ the driver's blood, taken under section 72 or 73 LTA contains evidence of a qualifying
drug.
Careless driving, under the
‑ caused bodily injury to, or the death of a person by carelessly driving a motor vehicle (but
influence, causing injury or death
not as to commit an offence under section 61 LTA) while:
‑ under the influence of drink/drug, or both, or
(s62(1) LTA)
‑ the driver's blood, taken under section 73 LTA contains a controlled drug specified in
Schedule 1 of the Misuse of Drugs Act 1975.
This chapter was replaced by "Impaired driving" on 3 March 2023
72/77
link to page 5 link to page 5 link to page 5 link to page 5 link to page 5 link to page 5 link to page 5
Alcohol and drug impaired driving.doc
Part 10 ‐ Impaired driving facts
Introduction
In 2020, alcohol/drug use was a contributing factor in 139 fatal crashes, 194 serious injury crashes and 1239 minor injury crashes where
driver alcohol/drugs were a contributing factor. These crashes resulted in 151 deaths, 261 serious injuries and 1659 minor injuries.
Consuming alcohol affects both driving ability and driver behaviour. The risk of being involved in a crash increases as a driver's blood
alcohol level increases.
How alcohol affects the body
Alcohol is absorbed into the bloodstream through the mouth, oesophagus, stomach and small intestine. The greatest amount (about
80%) is absorbed in the small intestine. Absorption rates vary according to the amount and kind of food the person has eaten but
generally, all alcohol consumed is absorbed within 30 to 90 minutes of the last drink.
Absorption factors
The effect of the absorbed alcohol also varies. The main factor is the drinker's body weight ‐ the more muscle and blood a person has,
the more the alcohol will be diluted. Young people are more susceptible to the effects of alcohol than older people are. Fat has no
effect on dilution.
Elimination
Ninety percent of alcohol consumed is oxidised by the liver into carbon dioxide and water. More experienced drinkers can generally
oxidise alcohol at a faster rate.
The remaining 10 percent is excreted unchanged through the person's breath and urine.
The quantity of alcohol in a person's blood is therefore a balance of the opposing factors of absorption and elimination.
How Drugs affect the body
Research indicates that some drugs, prescription medicines and illicit substances can impair cognitive and psychomotor skills that are
critical to a driver's ability to control a vehicle. The impact of these drugs can be dose dependent and variable depending on the drivers
metabolism.
Drivers with psychoactive drugs were more likely to be culpable for a crash than drivers without any alcohol and drugs in a recent New
Zealand study (The culpability of drivers killed in New Zealand road crashes and their use of alcohol and other drugs, Helen Poulsen,
Rosemary Moar, Ruth Pirie, Environmental Science Research, 2014).
Cannabis and methamphetamine are most commonly found in drivers processed for drug impaired driving in New Zealand.
Cannabis has been shown to reduce a driver's cognitive and psychomotor skills such as reaction time, accuracy and keeping a vehicle
on track. When combined with alcohol the negative impacts on driving skills can be compounding.
Are drugs a problem
Blood samples taken from 1046 deceased drivers, between 2004‐2009, were analysed for the presence of alcohol and other drugs. 546
(52%) of these drivers had not used alcohol or other potentially impairing drugs. 500 (48%) had alcohol and/or other drugs in their
blood that may have impaired their ability to drive safely. Of these 500 drivers, 135 had used alcohol alone, 96 had used cannabis alone
and 142 had used a combination of alcohol and cannabis, but no other drug. There were 127 drivers who had used some other
combination of drugs, many still including alcohol and/or cannabis. Only 29 of the 500 drivers who had used a drug, had not used
either cannabis or alcohol and 240 (48%) of these 500 drivers had used more than one potentially impairing drug.
European research indicates that drug use whilst driving has been increasing since the 1990s.
This chapter was replaced by "Impaired driving" on 3 March 2023
73/77
link to page 5 link to page 5 link to page 5 link to page 5 link to page 41
Alcohol and drug impaired driving.doc
Part 11 ‐ Prosecution files
Remember your obligations under the Criminal Disclosure Act 2008. These are set out in the ‘Criminal disclosure’ chapter.
Prosecution file content
Prepare the Prosecution File in accordance with the Prosecution File Preparation guide.
Infringement offences
Drink driving offences that are infringement offences should generally be pursued by issuing an infringement offence notice.
Infringement offences may also be brought to court by way of a charging document; however, this must not be done unless the driver
is charged with other, related non‐infringement offences arising from the same incident, e.g. careless driving, assaulting the
enforcement officer, etc. Even then, if alcohol consumption would not be seen as an aggravating factor of the other offence, or if the
drink driving offence is not related to the other offence (e.g. establishing that the enforcement officer was acting in the course of his or
her duty), an infringement offence notice should be issued.
Where an infringement offence is heard in court (either by way of a charging document or by a person requesting a hearing of an
infringement offence notice) the prosecution file must be prepared to the same standard as for any other prosecution, as above.
Seeking medical expenses and analysis costs from offenders
Section 67 of the Land Transport Act 1998 (LTA) provides that a person convicted of a specified drug / alcohol driving offence for which
a blood test was taken is liable to pay the relevant blood test fee and associated medical expenses. Costs are not recoverable for
infringement offences, even if the case is taken to court on a charging document.
Costs associated with drink impaired driving infringements, for the collection and analysis of blood specimen, are a debt to the Crown
and not recoverable at court, even if the person is taken to court on a charging document. Refer to '
Cost recovery' advice.
Blood specimen analysis costs are found in the Land Transport (Blood Test Fee) Notice 2018.
Police must seek recovery of these costs at court although they may not always be ordered. Request the costs in the Summary of
Facts.
This chapter was replaced by "Impaired driving" on 3 March 2023
74/77
link to page 5 link to page 5 link to page 5 link to page 5 link to page 5 link to page 5 link to page 5
Alcohol and drug impaired driving.doc
Judge‐alone trials
EBA
In a Judge‐alone trial for EBA, the O/C case must check the:
‑ blood option was given without undue delay, and
‑ the correct Advice of Positive Evidential Breath Test Notice (contained in the OnDuty EBA or Breath & Blood Alcohol Procedure
Sheet POL515) was used.
Well before the hearing, the O/C case must make a request to the Police Calibration Unit by way of Road ‐ Evidential Device Certificate
Request on Outlook for a certified copy of the device's certificate of compliance. This must be produced at the hearing. Allow time to:
‑ receive the copy by mail ‐ a fax might not be accepted in court
‑ disclose a copy of the certified copy to defence counsel well before the hearing.
Judge‐alone trial for drug impaired driving
In a Judge‐alone trial the CIT trained enforcement officer gives, as evidence in court, the date they received their CIT training. Ensure
the reasons for the driver not satisfactorily completing the CIT are explained. To merely say the driver did not satisfactorily complete
the CIT is insufficient. Refer to Police v Harding DC CRI‐2010‐069‐622.
3rd and subsequent offences
Certified copies of the previous offences must be obtained from the court of issue as part of a 3rd and subsequent charge under
section 56(4) LTA. The certified copy is to satisfy section 139 of the Evidence Act 2006.
Evidential certificates
The contents and evidential status of all certificates pertaining to alcohol and drug impaired driving are set out in section 75 LTA. Also
see section 79 LTA for the circumstances where certificates are not admissible as evidence.
Certificates for specimens
Except as provided in section 79, production of a certificate described in section 75(2)‐(6) is, in the absence of proof to the contrary,
sufficient evidence of:
‑ the matters stated in the certificate
‑ the sufficiency of the authority and qualifications of the person by whom it is made
‑ if a certificate is signed by an analyst, of the person who carried out the analysis.
(s75(1) LTA)
Certificates referred to in section 75(2), (3) and (4) are not admissible if the court orders under section 79(1) that the health practitioner
or medical officer who gave the certificate to appear as a witness at trial.
Certificates referred to in section 75(5) and (6) are not admissible if the court orders under section 79(3) that the person who made the
analysis or the approved analyst who gave the certificate to appear as a witness at trial or (in the case of a specimen being sent for
private analysis) the person who delivered the specimen, or the person who gave the specimen to the courier, or the approved analyst
who gave the certificate to appear as a witness at trial.
These certificates are not admissible in such circumstances:
‑ Section 75(2): Blood Specimen Medical Certificate (POL 540).
‑ Section 75(3) and (4): Blood Specimen Medical Certificate (POL 540).
‑ Section 75(5): Analyst's Certificate.
‑ Section 75(5): Analyst's Certificate (Specimen sent for private analysis).
EBT device certificates
In the absence of proof to the contrary, a document purporting to be a certificate of compliance or a certified copy of one must be
This chapter was replaced by "Impaired driving" on 3 March 2023
75/77
Alcohol and drug impaired driving.doc
treated as such and is conclusive evidence of the sufficiency of the authority of the person who signed it.
A certificate produced in the correct manner is for all purposes conclusive evidence of the matters stated in the certificate. Neither the
matters stated in the certificate, nor the manufacturer's specifications for the device may be challenged or questioned in any
proceedings for an offence involving excess breath alcohol recorded by the device. Section 75A(3) & (4) LTA refers.
This chapter was replaced by "Impaired driving" on 3 March 2023
76/77
link to page 5 link to page 5 link to page 5 link to page 5 link to page 5 link to page 5 link to page 65
Alcohol and drug impaired driving.doc
Presumptions and evidence
Specimens of blood
In proceedings for an offence against the LTA, it is presumed in the absence of evidence to the contrary, that:
‑ if a certificate referred to in section 75 LTA names a person having the same name, address and occupation as the defendant as
the person from whom the specimen of blood was taken, the specimen was taken from the defendant
‑ every approved analyst who signed a certificate referred to in section 75(5) LTA was duly authorised to sign it
‑ if the vacutainer in which a blood specimen was collected was received in a sealed blood specimen collecting kit, the vacutainer
contained a preservative and anti‐coagulant (whether or not this comprised two or more substances).
‑ (s76(1) LTA)
Breath alcohol
It is conclusively presumed that the proportion of alcohol in a driver's breath at the time of the alleged offence was the same as the
proportion of alcohol indicated by the EBT.
(s77(1) LTA)
Blood alcohol
It is conclusively presumed that the proportion of alcohol in a driver's blood at the time of the alleged offence was the same as the
proportion of alcohol in the blood specimen. (s77(2) LTA)
Driver's age
If a certificate referred to in section 143 LTA is produced in EBA proceedings involving a person who is
apparently under 20, it is
presumed, in the absence of evidence to the contrary, that the date stated in the certificate as the person's date of birth is accurate.
(s78 LTA)
Section 143 LTA relates to certificates stating that a driver has no record in the register of driver licences, or showing that they have a
current driver licence that has expired or was invalid for the class of vehicle driven.
Refusal to permit blood specimen to be taken
If, in proceedings for an offence against section 60 LTA, it is proven that the driver failed or refused to comply with section 13 LTA
without reasonable cause, that failure or refusal may be treated as supporting any prosecution evidence, or rebutting any defence
evidence, of the driver's condition at the time of the alleged offence.
(s77(6) LTA)
Section 13 LTA relates to the responsibility of drivers to comply with the enforcement officer's directions.
Printed on : 11/06/2024
Printed from : https://tenone.police.govt.nz/pi/review/alcohol‐and‐drug‐impaired‐drivingdoc‐3
This chapter was replaced by "Impaired driving" on 3 March 2023
77/77