A MAN failed a breathalyser at tea time the day after a heavy session.

Blackburn magistrates heard James Kenyon was only marginally over the prosecution level but because of his previous drink -drive convictions he was banned for 40 months.

Kenyon, 31, of Heyfold Gardens, Darwen, pleaded guilty to driving with excess alcohol. He was fined £140 with £85 costs and £34 victim surcharge and banned from driving for 40 months.

Eileen Rogers, prosecuting, said Kenyon was stopped at 5.30 pm on Park Road, Guide, for a document check. The officer could smell alcohol and Kenyon subsequently gave a breathalyser reading of 41 against the legal limit.

She said Kenyon had previous convictions for excess alcohol, the most recent in 2014.

Richard Prew, defending, said had the reading been 39 his client would not have been prosecuted.

"He had a heavy session the night before but had been to bed and goner about his normal business on the Saturday," said Mr Prew.

"He was stopped for a document check and not because there was anything wrong with his driving."