A MAN failed a morning after breathalyser after police woke him to tell him his car had been vandalised.

Blackburn magistrates heard when he was stopped driving nine days later Nicholas Turner refused to provide a sample.

Turner, 34, of Glenshiels Avenue, Hoddlesden, pleaded guilty to driving with excess alcohol, and failing to provide a specimen for analysis. He was sentenced to 12 weeks in prison suspended for 24 months, banned from driving for 36 months, ordered to do 160 hours unpaid work and pay £85 costs and £115 victim surcharge.

The magistrates said the offences were aggravated by the fact he was on bail for the first when he was stopped for the second. They said they had only suspended the sentence because he was the carer for his father.

Catherine Allan, prosecuting, said police were alerted to a car parked in Market Street, Darwen, outside Boots. The town centre CCTV operator was asked to monitor the vehicle and at 10.30 am he reported it being driven away. Turner was breathalysed and gave a reading of 54 against the legal limit of 35.

Nine days later he was stopped at 1.15am and officers said he smelled strongly of alcohol, his eyes were glazed and his speech was slurred.

"He refused to get out of the car and then refused to provide a roadside sample," said Miss Allan. "He refused to take any part in the police station procedure."

Helen Farnsworth, defending, said on the first occasion Turner, a media executive, had been out the night before and had sensibly left his car and taken a taxi home. She said during the night the car had been vandalised and this was reported to the police.

"They came to his house and told him his car had been vandalised," said Mrs Farnsworth. "At 10.43 am he drove his car away and he was then pulled over by the same officer who had attended at his home. He was only marginally over the limit and clearly felt fit to drive."

Mrs Farnsworth said when he was stopped again nine days later her client was in shock.

"He couldn't believe it was happening to him again although he didn't feel he was over the limit."