A Douglas plasterer has been handed a suspended sentence after refusing to take a breathalyser test.

Lee John Frearson, of Manor Drive, was sentenced to 12 weeks’ custody, suspended for two years, fined £700 and disqualified from driving for five years.

The 35-year-old was also ordered to retake his test at the end of the ban, attend a drink-drive rehabilitation course and pay prosecution costs of £125.

Deputy High Bailiff Jayne Hughes said while passing sentence: ’You refused to provide a sample of breath so the court has no way of knowing your level of intoxication.

’The court has to send a message that if you don’t provide a sample, a more serious sentence is likely than if you had provided a sample in the first place.’

Frearson had pleaded guilty to failing to provide a breath sample and the case had been adjourned for the preparation of a probation report.

We previously reported how, on April 15 at 10.23pm, police stopped Frearson in his car on Johnny Watterson’s Lane after they were concerned about the way he drove round a roundabout.

He was said to be smelling of alcohol but refused to take a breathalyser test and was arrested on suspicion of driving while unfit.

At police headquarters he again refused to provide a sample of breath.

A probation report assessed Frearson as a low risk of reoffending and low risk of harm to the public.

Defending him in court, advocate Kate Alexander said that her client had consumed four cans of lager between 4pm and 9pm on the day he was arrested.

Ms Alexander said: ’He accepts he should not have driven. Having not taken legal advice he believed there would be a better outcome for him by not taking the test, but he accepts that is not the case.

’He accepts he had been drinking but there is no suggestion he was drunk. He works full-time as a plasterer and fortunately will be able to retain his employment.

’There have been no convictions since 2011 and his last driving offence was 2005. He recognises he can’t be given credit for co-operating with the police but it should be noted that he was pleasant throughout his dealings with them.

’Mr Frearson has repeatedly expressed his genuine remorse but he acknowledges a custodial sentence is a possibility. A period of immediate custody would endanger his employment and maintenance he provides to his children.

’We would ask that any custodial period be kept to a minimum or suspended.

’A suspended sentence would hang over him like the sword of Damocles.’