A motorist who was acquitted of failing to provide a breath sample because he was too drunk has now been fined and banned from driving.
Michael Camp was found not guilty by magistrates at his trial but the decision was overturned on Thursday by the Court of Appeal, the Crown Prosecution Service has said.
The 39-year-old was arrested after he was seen erratically driving and he gave a roadside reading of 120 microgrammes of alcohol in 100ml of breath.
He failed to provide a breath specimen at the police station and Lincoln Magistrates' Court decided his level of intoxication was enough to acquit him of the charge.
However, at the same court on Thursday, Camp, of Milton Keynes, was convicted of failing to provide a specimen and was fined £180, ordered to pay £200 costs and a £30 victim surcharge and was banned from driving for three years.
Karen Thompson, from the CPS, said: "The CPS referred this case to the Court of Appeal because we firmly believed that voluntary intoxication through alcohol should not constitute a reasonable excuse for failing to provide a sample of breath.
"We put forward a compelling argument to the Court of Appeal and they have agreed that Mr Camp's acquittal should not stand.
"Driving when drunk is extremely dangerous and can put lives at risk.
"For the CPS, prosecuting those who decide to drink and drive is an important way to make our roads safer for everyone."