Nickelback frontman Chad Kroeger has abandoned his appeal of a drunk-driving conviction.
The rock star had a blood-alcohol level almost twice the legal limit when he was pulled over in his Lamborghini in suburban Surrey in June 2006.
Kroeger was acquitted of an impaired driving charge, but convicted on the charge of driving with a blood-alcohol level over .08.
His lawyer, Marvin Stern, had argued in B.C. Provincial Court that his client's rights were violated when a police officer asked him to blow into his face after detecting the smell of alcohol.
Stern said Thursday that while Judge Peter Gulbrandsen acknowledged the practice of blowing in the face is unconstitutional, he allowed the evidence because he felt it was obtained legally.
At a sentencing hearing last May, Kroeger's conviction netted him a one-year driving prohibition and a $600 fine, and Stern said he would appeal.
But a similar case has been reversed by the B.C. Appeal Court, and Stern said Thursday that means Kroeger can no longer appeal his conviction.
"Just like anybody else his rights are protected by the Charter and at the time of the trial we felt that his rights had been violated," Stern said.
"The state of the law has now changed and we respect the current state of the law and are bound by it and in law there's no ground of appeal left."
Kroeger said outside his sentencing hearing that he doesn't condone drinking and driving and that he made a mistake.
Vancouver-based Nickelback has won nine Juno Awards and is nominated for five more this year.
