A medical specialist caught drink-driving in Queenstown with one of the highest breath-alcohol levels ever seen in the South has been refused a discharge without conviction.
However, community magistrate Elder Robati permanently suppressed the name of the Bay of Plenty man, aged in his 30s, at his sentencing in the Queenstown District Court yesterday.
Police found the man slumped over the steering wheel of his car in Cedar Dr, Kelvin Heights, about 6.30pm on November 30 after receiving a call from a member of the public.
An evidential breath test gave a result of 1788mcg — seven times the legal limit and the highest breath-alcohol level recorded in Otago and Southland for at least five years.
The highest level overall in the region in that time was a 440mg blood-alcohol reading in 2022, which is equivalent to a breath-alcohol level of 2200mcg.
In an emailed statement, Medical Council chairwoman Dr Rachelle Love said the man held a practising certificate, but had advised the council he was not currently practising.
She could not comment further on his case because of "privacy considerations".
His counsel, Tanya Surrey, said he had one drink while waiting for a takeaway in Frankton, then bought a bottle of wine from a store next door and drove to Kelvin Heights to drink it.
"At no time did he drive after consuming that amount of wine."
At the time of the offending, he was having counselling to address anxiety and depression that had afflicted him since 2020.
Extreme work stress during the Covid-19 pandemic had been exacerbated by health issues affecting two members of his family, causing "waves of anxiety" that he tried to cope with through heavy drinking.
Ms Surrey said he continued to have counselling under a treatment plan approved by the Medical Council.
The consequences of a conviction would be "phenomenal", impacting on his professional reputation, that of his employers and his mental health recovery.
"This is one blemish in an otherwise high-achieving, law-abiding life."
Publication of his name would cause him extreme hardship for the same reasons, and affect his standing among his patients and the wider public.
Prosecutor Dan Andrew said police opposed the defendant’s discharge application because of the extremely high alcohol level and because the circumstances in which he was found meant he was "still in control of the vehicle".
Although police acknowledged the defendant was "struggling" with his mental health, those effects were a natural consequence of his offence.
"It would have to be dealt with by anyone who received a conviction," Mr Andrew said.
As for the impacts of a conviction on his career, the defendant could return to work provided he could satisfy the Medical Council he was fit to practise.
Police took a neutral stance on the name suppression application, he said.
Mr Robati said after taking all the aggravating and mitigating factors into account, he assessed the seriousness of the offending as moderate, but the consequences of a conviction on the defendant as moderate to low.
It was necessary to send a message about the dangers of drink-driving for the general public, and he refused the discharge application.
However, he granted the name suppression application because he was satisfied publication of the defendant’s name would cause him extreme hardship.
He convicted the defendant and fined him $1950 and court costs of $130.
After a stand-down period of 28 days, the defendant can apply for an alcohol interlock licence.
