Alcohol Interlock and Limited Licences NZ: Your Options Explained

If your drink driving offence triggers the mandatory alcohol interlock sentence under section 65AC of the Land Transport Act 1998, you cannot apply for a limited licence. This is an absolute bar under section 103(2)(e) — there are no exceptions, and no amount of hardship evidence will overcome it.

What is the interlock bar?

Section 103(2)(e) provides that a person cannot apply for a limited licence if they are subject to — or would have been subject to — a mandatory alcohol interlock sentence under section 65AC.

This means the bar applies in two situations:

1. You received an interlock sentence
2. You would have received one, but a s65AB(2) exception applied

The second point is critical. Even if the court did not actually impose an interlock sentence because an exception under s65AB(2) applied, the bar still prevents a limited licence application.

What triggers the interlock sentence?

Under section 65AB(1), the mandatory interlock sentence applies when a person is convicted of a qualifying alcohol offence and either:

High reading — s65AB(1)(b)

Any alcohol offence (including first offences) where:

• Breath alcohol reading is 800 mcg/L or above, or
• Blood alcohol reading is 160 mg/100mL or above

Prior offence within 5 years — s65AB(1)(a)

Any qualifying alcohol offence where the person has a prior alcohol or drug driving conviction within the preceding 5 years (calculated as 1,826 days including leap year).

Reading severity thresholds

Level	Breath (mcg/L)	Blood (mg/100mL)	Category
Infringement	250–399	50–79	Infringement notice — no interlock
Criminal standard	400–799	80–159	Criminal offence — no interlock trigger
Criminal + interlock	800+	160+	Mandatory interlock under s65AB(1)(b)

Qualifying offences under s65AB(1)

The interlock regime applies to convictions under the following sections of the Land Transport Act:

• s56(1), s56(2) — driving or attempting to drive with excess breath/blood alcohol
• s57(1), s57(2) — driving or being in charge with excess breath/blood alcohol
• s57AA — driving with blood containing evidence of a controlled drug
• s57C(1) — driving while impaired and with blood alcohol over the limit
• s58(1)(a) — refusing to undergo breath screening test
• s60(1)(a)–(c) — failing or refusing to undergo evidential breath test or blood test
• s61(1), s61(2)(a) — failing or refusing to permit a blood specimen to be taken
• s62(1)(a) — refusing to undergo compulsory impairment test

Refusal offences (refusing breath test, blood test, or impairment test) are qualifying offences. This means a test refusal combined with a prior offence within 5 years can trigger the interlock bar.

The three-phase interlock pathway

When the interlock sentence applies, the pathway is:

1. Disqualification — a minimum of 28 days (the standard stand-down)
2. Alcohol interlock licence — the person must drive with an interlock device fitted to their vehicle for a minimum of 12 months
3. Zero alcohol licence — after completing the interlock period, the person holds a zero alcohol licence for 3 years

During all three phases, a limited licence is not available.

What if I am currently on an interlock or zero alcohol licence?

Section 103(2A) provides a separate bar: if you are currently driving on an alcohol interlock licence or zero alcohol licence, you cannot apply for a limited licence. This bar is distinct from s103(2)(e) and applies regardless of when the original offence occurred.

Can I challenge the interlock bar?

No. The interlock bar under s103(2)(e) is absolute. There is no discretion for the court to grant a limited licence where the bar applies. The only options are:

• Complete the full interlock pathway (disqualification → interlock licence → zero alcohol licence)
• If you believe the bar was wrongly applied (e.g. your reading was below 800 mcg/L and you have no prior offences within 5 years), seek legal advice about whether the qualifying criteria under s65AB were actually met