Phillipps (53) appeared before the Dunedin District Court this morning, having pleaded to a charge of drink-driving in November.
The case was put off until today to see how the defendant progressed, and his lawyer Jo Turner forwarded a letter from the Southern DHB which showed he had not consumed alcohol since the incident.
Phillipps was stopped by police early on October 16 on Musselburgh Rise and blew a reading of 845mcg – more than twice the criminal limit.
He told police he had drunk two large whiskies and was ‘‘going to McDonald’s to get some food’’, according to a police summary.
The musician was the driving force behind The Chills and has been part of the band since its inception in the 1980s, when it signed with Flying Nun Records.
Judge Kevin Phillips said it was not the musician's first conviction for drink driving.
Phillipps was also pinged in 2010 blowing a “reasonable low” reading of 473mcg.
“For a man of your intelligence and ability, I would've thought that would've been a lesson for your life,” the judge said.
But his most recent breath-alcohol charge was “extremely high”, he said.
“It appears that you have had over the past few years alcohol-related difficulties and other health issues,” Judge Phillips said.
Ms Turner provided documents to the court which she said outlined “serious ill health” for which he was receiving treatment.
They would make a sentence of community work ‘‘unsuitable’’, she said.
Ms Turner previously told the court, at the time of the offence Phillipps was going through a relationship break-up, causing him some stress.
He had received some bad news that morning about his mother’s health, she said.
‘‘There was one bottle of whisky left in his house and he decided to have a few drinks. . . He accepts he had made a particularly foolish decision to get some food.’’
Judge Phillips fined Phillipps $1200 and banned him from driving for nine months.
