Mandatory alcohol interlock sentence for repeat offences and certain first offences

Heading: inserted, on 1 July 2018, by section 26 of the Land Transport Amendment Act 2017 (2017 No 34).

65AB Qualifying offences

(1)

Section 65AC applies if a court convicts a person of an offence in relation to alcohol against any of sections 56(1), 56(2), 57(1), 57(2), 57AA, 58(1)(a), 60(1)(a) to (c), 61(1), 61(2)(a), and 62(1)(a) and either—

(a)

the person convicted has previously been convicted of such an offence committed within 5 years of the date of the commission of the offence being dealt with by the court (whether or not section 65(2) or (4) also applies); or

(b)

the offence for which the person is convicted involves either or both of the following:

(i)

the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, is or exceeds 800 micrograms of alcohol per litre of breath:

(ii)

the proportion of alcohol in the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, is or exceeds 160 milligrams of alcohol per 100 millilitres of blood.

(2)

However, section 65AI applies instead of section 65AC if a person described in subsection (1)—

(a)

has a medical condition (as certified by an appropriately qualified health practitioner) that renders him or her incapable of providing a valid breath sample to activate an alcohol interlock device; or

(b)

usually lives in a non-serviced area and is not prepared to drive to a serviced area for an initial installation and any necessary service; or

(c)

has never held a New Zealand licence; or

(d)

holds a licence that has been revoked or is suspended (except one that is suspended under section 90, 95, or 95A); or

(e)

is not likely, during the term of any alcohol interlock sentence that would otherwise apply, to—

(i)

have lawful possession of a motor vehicle to the extent of being able to use it and fit it with an alcohol interlock device; or

(ii)

have the type of possession described in subparagraph (i) of a motor vehicle that is technically able to be fitted with an alcohol interlock device.

Section 65AB: inserted, on 1 July 2018, by section 26 of the Land Transport Amendment Act 2017 (2017 No 34).