The new drink-driving interlock laws have been tested in the High Court, which has meant the confiscation of a vehicle has been overturned.
Lynette Emma McConnell (37) was convicted of drink-driving and dangerous driving at the Dunedin District Court and sentenced to five months' community detention and 100 hours' community work.
The court heard she zig-zagged along a road on April 8, forcing vehicles to take evasive action, on her way to pick up her son.
When police breathalysed her, she was four times over the legal limit.
The high reading meant McConnell was captured by the new alcohol-interlock legislation.
Essentially, those affected by the law change include:
Anyone more than 3.2 times over the limit.
Anyone convicted of drink-driving twice or more during a five-year period.
Judges and lawyers have been grappling with the new legislation which came into effect on July 1 and several Dunedin cases have been adjourned for further clarification around the law.
Judge Kevin Phillips banned McConnell from driving for 28 days, imposed an interlock for 12 months followed by three years on a zero-alcohol licence.
The judge ordered McConnell's Hyundai be confiscated, an order which was lawful under the former legislation.
However, amendments to the Land Transport Act established that when the imposition of an interlock was mandatory, the vehicle could not be seized.
Defence counsel Marie Taylor-Cyphers took the appeal to the High Court at Dunedin, which was heard this week.
She pointed out the new legislative framework and Justice Nicholas Davidson agreed McConnell's car should not have been forfeited.
The case was remitted back to the District Court for the defendant to be resentenced.
