Caught Drink Driving in Auckland? Here’s What to Expect in Court
Drink driving is one of the most common criminal charges in New Zealand. But just because it’s common doesn’t mean it’s simple. The consequences can vary widely depending on your alcohol level, whether it’s your first offence, and how your case is handled in court.
If you’ve been charged with drink driving (also known as excess breath or blood alcohol), it’s important to know what lies ahead and how legal representation can make a difference.
At Anj Singh Law, I’ve represented drink driving clients across Auckland and throughout New Zealand. I understand the stress these charges cause and I help clients move forward with clarity and confidence.
What Happens After You’re Charged?
1. You’ll Receive a Summons to Appear in Court
After your arrest or police stop, you will usually be issued a summons to appear in the District Court. This is where your case formally begins.
2. Your First Court Appearance
At your first appearance, the charge will be read, and you’ll be asked to enter a plea:
Guilty – accepting responsibility
Not guilty – disputing the charge or challenging the evidence
If you haven’t spoken to a lawyer yet, you can request a short delay to get legal advice before entering a plea.
3. Police Disclosure
The police must provide evidence of the offence, including:
The breath or blood alcohol level
Details of how the test was conducted
Any video footage or statements
The summary of facts outlining what happened
This disclosure is key to assessing whether the charge can be challenged or reduced.
What Are the Potential Consequences?
Drink driving penalties depend on your alcohol level, your driving history, and any aggravating factors (such as speeding or endangering others).
First-time or lower-level offences:
Mandatory disqualification (usually 6 months or more)
Fines
Court costs
Alcohol interlock orders (in some cases)
Repeat or high-level offences:
Community work or supervision
Home detention or imprisonment
Longer disqualification periods
Vehicle confiscation
Permanent criminal record
The consequences can also affect employment, insurance, travel, and professional registration—which is why getting early legal advice matters.
What Can a Drink Driving Lawyer Do for You?
An experienced traffic lawyer can:
Assess the Police Procedure for Flaws
If the police made mistakes in the way they conducted your breath or blood test, it may be possible to challenge the charge or suppress the evidence.
Negotiate a More Favourable Outcome
If appropriate, your lawyer may be able to:
Seek diversion (for very low-level and first-time offenders)
Argue for a discharge without conviction under Section 106, if a conviction would cause disproportionate harm
Present mitigating circumstances, such as a medical emergency or personal hardship
Help demonstrate remorse and rehabilitation (e.g. alcohol counselling or education)
Apply for a Limited Licence
If your job or family responsibilities require you to drive, and you meet the criteria, your lawyer can help you apply for a limited licence allowing you to drive under restricted conditions.
Why Choose Anj Singh Law?
With over 22 years of experience in criminal and traffic law, I bring deep knowledge of how drink driving cases are handled across Auckland and NZ-wide.
I offer:
Clear advice on your rights and options
Skilled courtroom advocacy
Culturally aware, compassionate representation
Strategic approaches to reduce the long-term impact on your life
On Your Side When It Matters Most
A drink driving charge can feel overwhelming but it doesn’t have to define your future. With the right legal advice, you may be able to reduce the penalty, keep your job, or even avoid a conviction in the right circumstances.
📞 Contact Us Now for a confidential consultation. I’ll assess your case, explain your options, and stand beside you every step of the way.
Disclaimer: This blog is for general information purposes only and does not constitute legal advice. Every case is different. For advice specific to your situation, please contact a qualified legal professional.
