An Auckland police officer has avoided a drink-drive blood test because of a technicality in the law.
The officer was stopped by his colleagues in downtown Auckland in December last year, where a roadside test showed the presence of alcohol.
He was taken back to the police station for further testing, but after visiting the toilet he emerged with a injury and had to be taken to hospital.
At the hospital, a blood sample was taken, but it cannot be used in evidence against the officer because the law says a doctor can only take a blood sample if a person was hospitalised because of a motor vehicle accident.
The officer, who has returned to work on non-operational duties, is now the subject of an internal police investigation.