A man has failed in a bid to beat his drink-driving conviction by claiming a 40 minute delay in taking him to the police station was a breach of his rights.

Issac John Chadderton was charged with driving with excess breath alcohol in 2011 after a security guard at Massey University in Auckland found him slumped over the steering wheel of his car, which was parked on campus with the engine running.

Police were called and Chadderton took a breath test, which he failed.

He was then told he would need to accompany the officers to North Shore Policing Centre for an evidential breath or blood test.


But Chadderton had to wait 10 minutes in the police car while police took a statement from the security guard.

On the way to the station, there was another 30 minute delay, as police came across a broken-down van which they considered to be a safety risk.

At the station, Chadderton was found to have 654mcg of alcohol per litre of breath, over the adult limit of 400mcg.

But he appealed against his conviction in the High Court, on the grounds that the 40 minute delay was a breach of the Bill of Rights Act, as police had arbitrarily detained him. This appeal was dismissed.

He was then granted to leave to appeal his conviction to the Court of Appeal.

In a decision released last week, the Court of Appeal agreed with the District Court Judge that the police officers acted reasonably, and that the detention was not unlawful or arbitrary.

"Mr Chadderton was not prejudiced by the brief delay and the officers acted in good faith. He was not exposed to any risk nor was he prejudiced."

The court of appeal found that Chadderton's conviction stands.