A MAN who had beer with his breakfast and later failed a breathalyser has escaped an immediate prison sentence.

Blackburn magistrates heard Alexander John Carrie had visited one of the Blackburn town centre pubs that starts serving early in the morning and after drinking with his brother went home to “sleep it off.”

He was stopped that night after police saw him driving erratically on Higher Audley Street.

Carrie, 46, of Hareclough Close, Blackburn, pleaded guilty to driving with excess alcohol and possessing cannabis.

He was sentenced to four weeks in prison suspended for two years, made subject to an 8pm to 5am curfew for four months, community supervision for two years and ordered to pay £165 costs.

Carrie was also banned from driving for five years after the court heard it was his third drink-driving conviction in ten years.

Jonathan Taylor, defending, said some pubs now provide breakfast and lager at the same time and Carrie had drunk more than he planned to.

“When he woke up he thought he had slept for longer than he actually had and foolishly got in his car,” said Mr Taylor.