A DRINK driver ended up spending all night in the cells after he was arrested by police, a court was told.

Burnley magistrates heard how Alfred Whelan, 47, was not released until the following morning and his solicitor said he did not know why officers felt it necessary to detain him after he was breath tested.

Whelan, of Chapel Street, Nelson, who has two previous convictions for similar offences, was banned from driving for three years, fined £200 and must pay £55 costs.

He admitted driving with excess alcohol, driving otherwise than in accordance with a licence, not having insurance and no test certificate.

Tom Snape, prosecuting, said police saw a Ford Fiesta almost smash into the back of a Porsche as it travelled towarrds Brierfield. The Fiesta then narrowly missed hitting another vehicle.

The police decided to stop it. They turned on their two-tone horns but the Fiesta did not stop and carried on towards Brierfield. Only when it stopped at traffic lights were officers able to pull alongside the defendant.

A police officer approached, opened the driver's door and pulled the key from the ignition. He noticed Whelan smelled of drink and when the defendant looked at the officer his eyes were glazed. Hhe staggered when he got out of the car.

The lower of two tests at the police station showed 50 microgrammes of alcohol in 100 millilitres of breath -- the legal limit is 35.

Geoff Ireland, defending, said Whelan had collected the vehicle for his brother.

He had been to the pub and had three pints after work and it was two to three hours after his last drink when he went to get the car and set off back to Nelson. He thought the police were flashing their lights to get past him.

The defendant had been kept in custody all night but he did not know why police thought in necessary to keep him until the following morning.

He had spent 12 hours in the cells and that was punishment already.

Whelan had two previous convictions for drink driving, one of them relevant, and he knew he was going to be disqualified for three years.