A NUCLEAR worker who refused to provide a breath sample would lose his job if he was given a custodial sentence, his solicitor said.
Sean Barwise, 50, was suspected of driving a BMW in Whitehaven while under the influence of alcohol on September 2.
Pamela Fee, prosecuting at Workington Magistrates’ Court, said police located the vehicle parked outside Barwise’s home address.
The brakes were still warm and the vehicle appeared to have two flat tyres. Barwise ‘eventually’ answered the door. He told officers he was going back inside but was stopped from doing so.
He ‘appeared to be very drunk’. He told police he hadn’t been driving and his car hadn’t moved all day.
Barwise was arrested for failing to provide a specimen of breath. After being taken to the police station, he refused to give a sample. He said he hadn’t been driving the vehicle and wasn’t going to provide one.
Ms Fee said there was a high level of impairment, as described by the officers who were at the scene. Barwise had previously been disqualified for driving with excess alcohol in 2010.
A probation officer told the court that Barwise had been ‘for a few pints of beer’ on Whitehaven Harbour with his family.
Later that night, he was awoken by police and they told him they suspected he had been drink driving.
He said he had a bottle of wine after he returned home and ‘knew he would be over’. Barwise now felt ‘foolish’ for not providing a sample. He believed he was under the limit when he returned home.
The court heard that Barwise is employed at Sellafield. His employer was aware of his court appearance and was ‘very supportive’ of him. Barwise is already subject to enhanced testing at work.
He told the Probation Service that he had no substance issues but he does like to drink alcohol when he returns home from work. He says this is to relax.
He previously ran a pub for 20 years.
John Cooper, defending, said: “It’s a guilty plea at the first opportunity. It appears to be an anonymous report.
“He had been driving the car before the police turned up. He should have co-operated. He knows that now.
“He thought, what’s the point? I’m going to be over. It’s a deliberate refusal.”
Mr Coooper said that Barwise would likely lose his employment if he was given even a suspended prison sentence because it would be seen as a custodial sentence.
Barwise, of Rowntree Crescent, Moresby Parks, pleaded guilty to failing to provide a specimen for analysis.
Magistrates imposed a 33-month driving disqualification, which will be reduced by 33 weeks if Barwise completes the drink-drivers’ rehabilitation course.
The defendant was also given a 12-month community order with 200 hours of unpaid work and five rehabilitation activity requirement days.
He must also pay £85 costs and a £114 victim surcharge.
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