A man whose blood alcohol level was one milligram over the legal limit for driving will be battling allegations that he refused to accompany a police officer.
Earlier this year Nicholas Garry McKenzie underwent a blood test showing his alcohol level to be 81mg, the legal limit being 80. The matter was put off so McKenzie could carry out an independent blood test.
Police withdrew the excess blood alcohol charge in Whanganui District Court on Tuesday.
Defence lawyer Stephanie Burlace said the "refusing to accompany" charge came after McKenzie asked police if he could drop his keys off in a house and go to the bathroom before leaving with them. "He was told he could," Ms Burlace said.
McKenzie thought he took about 4-5 minutes, while police said he took 10 minutes, she said.
He pleaded not guilty and it is set for a defended hearing on September 29.