Drink-driving infringement regime lacks fundamental safeguard
The New Zealand Law Society agrees with the Attorney-General that a provision in the Land Transport Amendment Bill is
inconsistent with the right to be presumed innocent, affirmed under the Bill of Rights Act 1990.
The bill creates new infringement offences, punishable by fines and demerit points, for adults driving with a breath
alcohol level of 251 – 400 micrograms/L or a blood alcohol level of 51 – 80 milligrams/100mL.
Law Society spokesperson Graeme Edgeler has told Parliament’s Transport and Industrial Relations Committee that clause 9
of the bill removes an important safeguard by denying those who receive a breath alcohol reading of 251 – 400
micrograms/L the option of a blood test.
“The Supreme Court has noted the importance of the right to a blood test, because it allows human error to be challenged
and the accuracy of the scientific evidence to be tested,” he says.
“For someone who already has demerits, the consequences of an infringement notice and a further 50 demerits may be
serious.”
Mr Edgeler says the reliability of evidential breathalysers is good, but not infallible.
“If someone blows just over 250mcg/L and believes they are below that level, they should be permitted to choose a blood
test.”
The Law Society agrees with the Attorney-General that unless the right to choose a blood test is available, the proposed
infringement regime for drivers with breath alcohol levels of 251 – 400 mcg/L would represent an unreasonable limitation
on the right to be presumed innocent.
The select committee was urged to pay close attention to the Attorney-General’s report on the bill, with a view to
making amendments to recognise the right to be presumed innocent.
Ends