Drink-drive test fee challenged

A Christchurch lawyer has mounted a legal challenge to the police practice of charging drink-drivers for their own blood tests.

If he wins, the case could have what High Court judge Christine French yesterday described as "significant ramifications".

It could mean refund cheques heading out to people who opted for blood tests when they were caught by a breath-screening device.

More likely, it would mean rushed legislation to close a loophole that defence counsel Andrew Bailey has been arguing in the High Court at Christchurch.

People who are caught by a breath-testing device have the option of getting a blood test taken by a doctor to measure their blood-alcohol level.

They pay for the cost of the test only if it shows they are over the level. They are also billed a set amount of $93 for the analyst's fee, set by legislation.

Mr Bailey argued that people convicted in drugs cases were not billed for the cost of surveillance operations.

Justice French reserved her decision.

- NZPA