A DRIVER who failed top provide a breath sample claimed he had been unable to provide rather than refusing.

Blackburn magistrates heard Zain Naeem was staggering and struggling to stand up when he was stopped in the early hours of the morning.

He admitted drinking alcopops but said he thought something must have been put in his drink for him to be so drunk.

Naeem, 20, of Stafford Street, Burnley, pleaded guilty to failing to provide a sample. He was made subject to a community order for six months with an 18 hour attendance sentence requirement. He was fined £15 with £85 victim surcharge and banned from driving for 17 months.