A DRINK driver who blew over three times the legal alcohol limit has avoided custody.
Adam Baranski, 39, of St Davies Drive in Evesham was previously banned from driving for 17 months in 2015 and was once again caught by police, this time with a can of alcohol in his hand.
The court heard Baranski had driven down St Davies Drive before turning into a cul-de-sac.
A passerby called 999 and when police arrived, Baranski was in the driver's seat.
Police said that he was "unsteady on his feet" and when he took a roadside breath test, he blew 124 microgrammes of alcohol in 100 millilitres of breath, the legal limit is 35.
He was then arrested and he went to the police station.
Kerry Lovegrove, prosecuting, said: "Police said that he was uncooperative and aggressive throughout and was offered several chances to take a test at the station, but he failed to do so."
Simon Rollason, defending, said that his client admits that he has problems with alcohol.
He added: "His partner is pregnant with his first child, so he will soon have responsibilities to others.
"If he had complied with police at the station, there is every chance he would have got himself below the custody threshold."
Baranski was given a sentence of eight weeks custody, suspended for 18 months.
He was also sentenced to 150 hours of unpaid work, nine rehabilitation activity days to complete an alcohol rehabilitation programme.
He was disqualified from driving for 36 months, ordered to pay £135 costs and a £115 victim surcharge.
He admitted failing to provide a specimen for analysis at Worcester Magistrates Court on Thursday November 9.
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