Chase Lum, 29, ran out of fuel while drink-driving on State Highway 1, in Blenheim. (File photo)

A drink-driver caught when his car ran out of fuel later sold his car before police could confiscate it.

But after a judge ordered for the Subaru to be confiscated, it is unclear who will really lose out - the offender or the new owner.

"The new owner can argue the toss," Judge David Ruth said as he ordered for the car to be seized.

Blenheim man Chase Lum, 29, ran out of fuel on State Highway 1, in Blenheim, and pulled over to the side of the road on October 21, a police summary said.

Members of the public noticed Lum seemed drunk and they called police.

Lum gave a breath test result of 981 micrograms of alcohol per litre of breath. The legal limit is 250mcg.

Lum admitted drink-driving at the Blenheim District Court on Monday.

Police sought the confiscation of Lum's Subaru, but his lawyer Rennie Gould said in court Lum knew police were after the car and had already sold it.

Gould said on Tuesday the new owner would have to ask Lum for their money back. There was no court order for Lum to pay the new owner back.

Lum also admitted disorderly behaviour and assault after a drunken altercation on Maxwell Rd, in Blenheim, about 9pm on September 16, and a charge of theft.

Lum went into the Night and Day store on Main St, in Blenheim, and asked for a pouch of tobacco on September 28, a police summary said.

He pretended to swipe his card, picked up the pouch and left the store without paying.

He later admitted to police that he did not have the money to pay for the tobacco, the summary said.

Lum was convicted on all charges and ordered to pay $51 in reparation to the store within 31 days.

He was also sentenced to nine months' supervision, with conditions to do a drink-drive programme and alcohol and drug counselling as directed by probation.