A four-year driving ban was given to a suspected drink-driver who refused to give police a second breath sample – claiming it was because he had asthma.

At Carlisle’s Rickergate Magistrates’ Court, William Rushton, 32, admitted failing to provide a breath specimen at the city’s Durranhill police HQ on June 27 when he had no legally valid reason for the refusal.

Prosecutor John Moran said the offence came to light after police investigated an accident in Carlisle.

At the roadside Rushton initially did give a breath test, recording 72mcg of alcohol in 100ml of breath.

That is just over twice the legal drink-drive limit.

When the officers took him back to Durranhill, they gave him the statutory warning, asking if he agreed to take a second breath test as required in law.

He replied: “I don’t actually.”

The defendant said he did not know if the breath test machine was properly calibrated and he was then asked if there was a medical reason for his refusal.

He replied: “It’s down to my asthma – I don’t think I should be made to do it.”

The court heard that Rushton, of Ratlingate Lane, Kirkandrews-on-Eden, near Carlisle, was prosecuted for drink driving in 2014.

Mark Shepherd, for the defendant, said Rushton had found himself in a wholly regrettable situation and on the day in question he had consumed three or four drinks.

“It was sufficient at the roadside for him to blow 72mcg of alcohol, which is double the limit but not the highest you will have seen.”

The defendant said he had been driving along Georgian Way and had lost control when a car drove past him on the inside.

Mr Shepherd said his client acknowledged that he was, at the time, over the limit.

He had not stayed around, initially walking off towards the Sands Centre.

“He was in a state of panic and shock,” said the lawyer. “It was suspected he may have had a head injury.”

Mr Shepherd said he was at the police station with Rushton and he seemed in shock.

The lawyer added that after the court hearing Rushton was due to go to the funeral service for his sister’s partner, his brother-in-law, and over the coming weeks he would be providing emotional support to her.

Mr Shepherd said that Rushton was left with a £1,000 repair bill for the car and lost his previous job as a result of the offence but he has since found fresh employment with a car-leasing business with a £12,000 salary.

“He’s taken responsibility for what’s happened,” added the lawyer.

District Judge Gerald Chalk also imposed a 12-month community order, 120 hours of unpaid work, costs of £85 and a victim surcharge for the same amount.