Can I get a limited licence after drink driving in NZ?

It depends on whether section 65 applies. First-time offenders and those below the repeat/high-reading thresholds can usually apply. Repeat offenders within 5 years with high readings are barred.

Is there any exception to the section 65 bar on limited licences?

No. The prohibition is absolute. Courts have no discretion to grant a limited licence to someone disqualified under section 65, regardless of hardship.

Section 65 LTA and Limited Licences: What Disqualified Drivers Need to Know

Caught drink driving and now facing disqualification in New Zealand? Before you assume you can apply for a limited licence, it's essential to understand the rules in section 65 of the Land Transport Act 1998.

Critical Warning: If you're disqualified under section 65, you cannot apply for a limited licence under section 105 -- regardless of your hardship.

What Is Section 65?

Section 65 imposes mandatory disqualification and compulsory assessment for repeat alcohol and drug driving offences. If you're convicted of a second offence within five years -- and it involved a high alcohol reading -- the court must disqualify you indefinitely until cleared by an assessment.

Section 65 Applies When:

Second or subsequent alcohol/drug driving offence within 5 years
Breath alcohol reading over 650 micrograms per litre
Blood alcohol reading over 130 milligrams per 100ml
Any amount of specified drugs detected

No Limited Licence Allowed

Section 103(1)(a) of the Land Transport Act specifically excludes people disqualified under section 65 from applying for limited licences. This is a blanket prohibition with no exceptions for hardship.

"A person who is disqualified from holding or obtaining a driver licence under section 65 may not apply for a limited licence."

-- Section 103(1)(a), Land Transport Act 1998

Your Options After Section 65 Disqualification

1. Alcohol Interlock Licence

Some offenders may be eligible for an alcohol interlock licence, which requires an approved device to be installed in your vehicle. This isn't available for all section 65 disqualifications.

2. Rehabilitation and Assessment

You must complete an approved assessment and any recommended treatment before you can apply for licence reinstatement. This process can take several months.

3. Discharge Without Conviction

In rare cases where the consequences are disproportionate (e.g. immigration issues), you might seek a discharge without conviction under section 106 of the Sentencing Act. This must be argued before sentencing.

Common Misconceptions

Myth: "I can apply for work purposes"

Reality: Section 65 disqualifications cannot be bypassed with limited licences, even for essential work.

Myth: "Extreme hardship will convince the court"

Reality: The prohibition is absolute. Courts have no discretion to grant limited licences under section 65.

Myth: "I can apply after the 28-day stand-down"

Reality: The 28-day rule doesn't override section 65 restrictions. You still cannot apply for a limited licence.

What If You're Unsure?

If you're uncertain whether section 65 applies to your situation, it's crucial to get legal advice immediately. The distinction between different types of disqualifications can be complex, and the consequences of getting it wrong are significant.

For other types of disqualifications, you may still be eligible for a limited licence. Read our comprehensive guide on how to apply for a limited licence or learn about common application mistakes.

If unsure, take our free eligibility quiz to get an immediate indication of whether you qualify. You can also check our pricing for fixed-fee application costs, or learn about how our process works.