Best DUI & DWI Lawyers in New Plymouth

About DUI & DWI Law in New Plymouth, New Zealand

DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are serious offenses throughout New Zealand, including New Plymouth. These terms refer to operating a motor vehicle while impaired by alcohol or drugs. The primary goal of these laws is to maintain road safety and prevent accidents caused by impaired driving. In New Plymouth, as elsewhere in New Zealand, strict limits are enforced regarding the permissible blood alcohol concentration (BAC) for drivers. Breaching these limits or driving under the influence of drugs can result in severe penalties, including fines, disqualification from driving, and even imprisonment.

Why You May Need a Lawyer

Many individuals who face DUI or DWI charges in New Plymouth find the legal process complex and intimidating. Legal assistance is important for several reasons:

• You may be unsure about your rights when stopped or arrested for suspected DUI or DWI.
• The penalties can be severe, including loss of license, monetary fines, or a criminal record.
• You may wish to challenge the reasons for being stopped, how the BAC test was conducted, or the accuracy of the breathalyzer or blood test results.
• The impact of a conviction can be life-changing, especially for professionals, frequent drivers, or those with previous convictions.
• A lawyer can guide you through court processes, negotiate on your behalf, or help seek alternative penalties where possible.
• Certain cases may involve additional charges, such as refusing to provide a breath specimen, which carry their own set of legal issues.

Local Laws Overview

The Land Transport Act 1998 governs drink and drug driving offenses across New Zealand, including New Plymouth. Key aspects include:

• Legal BAC Limits: For drivers aged 20 and over, the legal blood alcohol limit is 50 milligrams of alcohol per 100 millilitres of blood, or 250 micrograms per litre of breath. For drivers under 20, the limit is zero.
• Drug Impairment: Driving while impaired by drugs (including prescription medications if they affect your ability to drive) is an offense.
• Random Stops: Police can stop and test any driver at random, particularly during roadside breath testing operations.
• Refusing Tests: It is an offense to refuse to undergo a breath or blood test when required.
• Penalties: Penalties include fines, license suspension or disqualification, demerit points, and imprisonment for higher levels of offending.
• Repeat Offenses: Repeat offenders face harsher penalties.

Frequently Asked Questions

What is the difference between DUI and DWI in New Plymouth?

In New Zealand, the terms are often used interchangeably to describe the offense of driving while under the influence of alcohol or drugs. The legal framework refers to these offenses as "drink driving" or "drug driving."

What are the penalties for a first-time DUI or DWI offense?

For a first offense, penalties may include monetary fines, demerit points, and a mandatory disqualification period from driving. More serious cases or high levels of impairment may result in imprisonment.

Can I refuse a breath or blood test if stopped by police?

Refusing a breath or blood test is an offense and carries serious penalties, including loss of license and potential imprisonment.

What happens if I am under 20 and caught driving with alcohol in my system?

For drivers under 20, there is zero tolerance to alcohol. Any detectable level can result in an offense with associated penalties.

Can I be charged with drug driving?

Yes, driving while impaired by drugs, whether illegal, prescription, or over-the-counter, can lead to charges if your ability to drive is adversely affected.

How long will a conviction remain on my record?

A conviction for DUI or DWI will typically remain on your criminal record unless you are eligible and successfully apply for a clean slate under the Criminal Records (Clean Slate) Act 2004.

Is it possible to get a limited or work license after a DUI or DWI conviction?

In some cases, you may be able to apply for a limited or work license, which allows you to drive for specific purposes like employment, but strict criteria apply and such applications usually require legal assistance.

What if I rely on medication that affects my driving?

If your driving is impaired due to prescribed medication, you can still be charged. It is important to consult your doctor and avoid driving if you are unsure about a medication's effects.

Are there increased penalties for repeat offenders?

Yes, people with prior drink or drug driving convictions face harsher penalties, including longer disqualification periods and potential imprisonment.

Should I plead guilty or not guilty?

You should seek legal advice before entering a plea. There may be grounds to challenge the charge or mitigate the circumstances, and a lawyer can guide you on the best course of action.

Additional Resources

If you need further information or support regarding DUI and DWI in New Plymouth, consider contacting or researching the following:

• New Zealand Police - Information on testing, penalties, and prevention campaigns
• New Zealand Ministry of Transport - Detailed explanations of laws and statistics
• Community Law Centres - Free initial legal advice and support services in New Plymouth
• Alcohol Drug Helpline - Support for people struggling with alcohol or drug use
• New Plymouth District Court - Information on court processes for DUI or DWI charges
• New Zealand Transport Agency (NZTA) - Licensing information and support for reinstatement

Next Steps

If you are facing charges or are concerned about a potential DUI or DWI offense in New Plymouth, take the following steps:

• Do not ignore the situation or delay seeking help, as time limits may apply for some legal actions.
• Contact a qualified local lawyer with experience in DUI or DWI cases to discuss your circumstances.
• Gather all relevant information, such as police reports, test results, and correspondence received.
• Attend any scheduled court appearances or meetings promptly, and do not attempt to drive if you are disqualified.
• Take advantage of support services if alcohol or drug issues are involved in your case.

Engaging professional legal assistance early can help protect your rights, identify possible defenses, and mitigate the potential consequences of a DUI or DWI charge in New Plymouth.