A MAN who narrowly failed a breath test declined the offer of a blood sample, telling police: "There's no point - I've committed a crime."

But Blackburn magistrates heard that if Robert Anthony Early had taken advantage of the offer, he may well have avoided prosecution.

Andrew Church-Taylor, defending, said the first breath test gave a reading of 48 and the second 41 against the legal limit of 35.

"His level was coming down and it is possible that by the time a blood sample had been taken he would have slipped under the prosecution level," said Mr Church-Taylor.

Early, 30, of Blackburn Road, Darwen, admitted drink-driving and other than in accordance with a licence, without insurance and MoT.

He was banned for 12 months and fined a total of £350.