A TEENAGER who drank four cans of lager at a friend's then went home, decided to go out in his car and was stopped by police, Burnley magistrates heard.

The court was told how Andrew Tonkinson, 19, who was also banned from driving, did not agree to a blood test -- and his solicitor said if he had he may not have been over the limit.

Tonkinson, of Oxford Road, Nelson, admitted driving with excess alcohol, driving while disqualified and no insurance. He must pay a total of £565 in fines and costs and was disqualified from driving for 12 months.

Andy Robinson, prosecuting, said in 1998, the defendant was convicted of aggravated vehicle taking and banned for 12 months until he took an extended retest. He did not do that and was only allowed to drive as a learner, under supervision.

In the early hours of Sunday, he stopped outside his home and police went to speak to him. Officers noticed his breath smelled of drink and a breath test proved positive.

He was arrested and taken to the police station, where the lower of two breath tests showed 46 microgrammes of alcohol in 100 millilitres of breath -- the legal limit is 35.

John Rusius, defending, said Tonkinson had been to a friend's house and had four cans of lager. He had not taken the car with him, but when he got home, he decided to go out. There was no suggestion of any bad driving.