Best Drunk Driving Lawyers in New Plymouth

About Drunk Driving Law in New Plymouth, New Zealand

Drunk driving, also known as driving under the influence (DUI), is a serious criminal offense across New Zealand, including New Plymouth. The legal system aims to protect all road users by imposing strict limits on the amount of alcohol drivers may have in their bloodstream. Enforcement is actively carried out by local police through roadside breath tests and checkpoints. Convictions for drunk driving can result in fines, loss of license, criminal records, and even imprisonment in severe cases. Understanding the implications and the local legal process is vital for anyone facing such charges.

Why You May Need a Lawyer

If you have been charged with a drunk driving offense in New Plymouth, engaging a lawyer can make a significant difference to your case. Common situations where legal assistance is crucial include when you face charges after failing or refusing a breath or blood test, if you are accused of repeat offenses, or if your driving allegedly caused harm or property damage. A lawyer can help you understand the charges, represent you in court, negotiate with the prosecution, and advise you on potential defenses or plea bargains. Navigating the legal system without guidance can lead to harsher penalties or unnecessary criminal records.

Local Laws Overview

Drunk driving laws in New Plymouth are governed by national legislation, but local enforcement can have specific nuances. The key legal limits for drivers currently are: - For drivers aged 20 and over, the legal blood alcohol limit is 50 milligrams per 100 milliliters of blood, or 250 micrograms per liter of breath. - For drivers under 20, there is a zero alcohol limit, meaning no alcohol is permitted in the bloodstream.

Police regularly conduct Random Breath Testing (RBT) and can require drivers to undergo breath or blood tests at any time. Refusal to comply with testing is treated as a separate offense and carries significant penalties. Repeat offenders and cases involving aggravating factors, such as causing injury or accidents, face more severe consequences and potential imprisonment.

Sentencing for drunk driving can include fines, disqualification of driver's license, community work, attendance at alcohol assessment programs, and in some cases, imprisonment. Convictions remain on your criminal record and can affect employment, travel, and insurance.

Frequently Asked Questions

What happens if I am stopped by police and fail a breath test?

If you fail a roadside breath test, you may be required to take a second, evidential breath or blood test at a police station. Failing this can result in formal charges for exceeding the legal alcohol limit.

What is the legal alcohol limit for learner and restricted license holders?

Drivers under the age of 20 must have a zero blood alcohol level. There is no permitted level of alcohol for younger drivers regardless of license class.

Can I refuse a breath or blood test?

Refusing to take a breath or blood test when requested by police is itself a criminal offense and carries penalties similar to or harsher than failing a test.

What penalties could I face for a first-time offense?

First-time offenders may face a fine, demerit points, mandatory disqualification from driving, and a criminal record. The exact penalty depends on the alcohol level and circumstances.

How will a conviction affect my ability to drive?

A conviction usually results in a driving disqualification for a set period. You must not drive during this time and may have to reapply for your license at the end of your ban.

Will a conviction affect my employment?

Many employers conduct criminal background checks, and some professions require a clean driving or criminal record. A conviction can impact your job status or future opportunities, especially in roles that involve driving.

Are the penalties more severe for repeat offenders?

Yes, repeat offenders face increased fines, longer disqualification periods, possible mandatory alcohol assessments, and a greater risk of imprisonment.

What if I am charged with drunk driving after an accident?

Drunk driving involving an accident, especially where injuries occur, leads to much more serious charges and penalties. Legal representation is strongly recommended in these situations.

Can I defend myself against a drunk driving charge?

While you have the right to self-represent, drunk driving law is complex. A lawyer can help review police procedures, ensure your rights were respected, and identify possible defenses or mitigating factors.

How soon should I speak to a lawyer after being charged?

It is advisable to seek legal advice as soon as possible after being charged. Prompt engagement helps ensure you make informed decisions and meet all legal and court deadlines.

Additional Resources

If you or someone you know is facing drunk driving charges in New Plymouth, consider reaching out to the following resources for information and support:

- New Plymouth District Court - For court procedures and case inquiries - Community Law Taranaki - Provides free legal advice and information - New Zealand Law Society - Find local criminal lawyers or legal aid information - Alcohol Drug Helpline - Offers confidential support for alcohol issues - New Zealand Transport Agency (NZTA) - Licensing information and consequences of disqualification - Department of Corrections - For community sentences or programs related to alcohol offending

Next Steps

If you have been charged with drunk driving in New Plymouth, it is important to act quickly. Gather all relevant documents, such as police paperwork or notices, and avoid discussing your case with anyone except your lawyer. Contact a lawyer experienced in criminal and traffic law as soon as possible to discuss your circumstances. They can advise on your rights, explain the likely outcome, appear on your behalf in court, and work towards the best possible result. Remember, legal advice is your strongest ally when facing a drunk driving charge.