Limited Licence After Drug Driving: Check These First
Drug driving now covers two very different situations. One ends with a fine and demerit points. The other ends in court with a disqualification. Which one you are in decides whether a Limited Licence is possible, and when.
Route 1: an infringement notice
Most roadside drug tests lead, at most, to an infringement notice. A positive laboratory result for one listed drug means a fine and 50 demerit points. Two or more drugs means a bigger fine and 75 points [4]. Refusing roadside testing also brings 75 points [4].
Police say an infringement does not take your licence by itself [4]. But reach 100 demerit points within 2 years and your licence is suspended for 3 months [5]. That is a demerit suspension under section 90, and you can apply for a Limited Licence with no stand-down period [1][2]. Our guide to roadside drug testing covers the roadside rules in more detail.
Route 2: a criminal conviction
Some drug driving ends up in court. That includes a blood test showing a listed drug above its high-risk level, driving while under the influence to the point of being incapable of proper control, and refusing a blood test or a compulsory impairment test [1][4].
On a first or second conviction for driving with one qualifying drug in your blood, the court must disqualify you for 6 months or more. For two or more drugs, or alcohol and a drug together, it is 9 months or more [1].
Check 1: are you ruled out?
You cannot apply for a Limited Licence if [1]:
- your drink or drug driving offence was committed within 5 years of another listed offence from a different incident (dangerous or reckless driving, careless driving causing injury or death, failing to stop, drink or drug driving, or getting a licence while disqualified)
- you are indefinitely disqualified under section 65 for repeat drink or drug driving
- you are subject to an alcohol interlock sentence
- a driver licence stop order is in effect
- your disqualification is for driving while disqualified or suspended
Check 2: the 28-day stand-down
After a disqualification for a drink or drug driving offence, no Limited Licence order can be made until 28 days after the disqualification takes effect [1]. You can file your application during that time [3], but you cannot drive until the order is made and NZTA issues the licence [6].
Check 3: where to file
For a court disqualification, file at the court where you were disqualified [2][3]. For a demerit suspension, you can file at your local District Court [2].
Check 4: your evidence
The test is the same as for any other offence: extreme hardship to you, or undue hardship to someone else, and an order that is not contrary to public safety [1]. After a drug driving conviction, expect public safety to get a close look. Facts help more than promises, and every previous driving related conviction should be disclosed [3].
Your affidavit is signed only in front of the person who witnesses it, and the easiest place to do that is at the court when you file. Never sign it in advance.
Sources
- Land Transport Act 1998, sections 32, 57A to 57D, 58, 60, 65, 90, 103, 104 and 105, New Zealand Legislation, https://www.legislation.govt.nz/act/public/1998/0110/latest/DLM434582.html (accessed 19 October 2026)
- Get a Limited Licence, New Zealand Ministry of Justice, https://www.justice.govt.nz/courts/criminal/get-a-limited-licence/ (accessed 19 October 2026)
- Practice Note: Applications for a Limited Licence (24 May 2024), District Court of New Zealand, https://www.districtcourts.govt.nz/assets/Uploads/Publications/2024/Limited-Licence-Practice-Note-FINAL.pdf (accessed 19 October 2026)
- Penalties and outcomes, New Zealand Police, https://www.police.govt.nz/advice-services/drugs-and-alcohol/roadside-drug-driving-testing/penalties-and-outcomes (accessed 19 October 2026)
- Demerit points, NZ Transport Agency Waka Kotahi, https://www.nzta.govt.nz/driver-licences/driving-offences-and-penalties/demerit-points (accessed 19 October 2026)
- Limited Licence, NZ Transport Agency Waka Kotahi, https://www.nzta.govt.nz/driver-licences/driving-offences-and-penalties/driving-offences/limited-licence (accessed 19 October 2026)
Frequently asked questions
Does a roadside drug infringement stop me getting a Limited Licence?
No. It adds demerit points. If those points lead to a demerit suspension, you can apply.
What about prescription medicine?
Police say that if you get an infringement notice for a medicine you were prescribed and took as directed, you may be able to apply for a medical defence. That is a separate process from a Limited Licence.
Can I apply during the 28 days?
You can file, but no order can be made before the stand-down ends.
We prepare Limited Licence documents. From $645 + GST. Call 0800 437 005 or start at nzlimitedlicence.co.nz/apply.
Checked by Guy Hollister, Director, NZ Limited Licence, on 27 October 2026