A FAMILY man who drove while five times the alcohol limit has been jailed for three months.

Joseph Francis Harley, 35, was making his second journey in 24 hours after drinking when a police officer spotted his erratic driving and sent out an all-cars alert, York magistrates heard.

After his arrest it took the motorist 14 hours in a police cell to sober up sufficiently for police to release him.

Magistrates jailed Harley for three months and banned him from driving for five years.

The court heard that because of his high reading the Driver Vehicle Licensing Agency will need a medical certificate before they give him a driving licence again after the ban expires.

Father-of-two Harley, of Moorgate, Acomb, York, pleaded guilty to drink-driving. His only previous conviction was for speeding.

Prosecutor Karen Tunnacliffe said that a policeman on foot patrol spotted Harley's Ford Sierra driving erratically in the early hours of March 29 and alerted traffic control who told all police cars to stop it on sight.

A mobile patrol stopped Harley in Blossom Street at about 2am and gave him a breath test. It revealed he had 171 micrograms of alcohol in 100 millilitres of breath. The legal limit is 35 micrograms.

He was not released until 4.30pm the same day.

For Harley, Harry Bayman said: "He has one big problem. That is his drink problem." On March 28, he had drunk "considerably" during the day. He then had an argument with his wife before going out in the evening.

He drove into the city centre "with a lower level of alcohol than he had at the end of the evening".

In the centre, Harley drunk four bottles of Smirnoff Ice and two whiskies before getting back behind the wheel.

Mr Bayman said Harley had a long-term drink problem which he had controlled to varying degrees for several years.

He had had in-patient treatment, consulted his GP about it, undergone detoxification in the past and regularly attended Alcoholics Anonymous.

Despite his drink difficulties, he was in full-time work and able to hold down a job, and in 15 years of driving had only had one endorsement on his licence, for speeding.

He was worried about the effect his conviction would have on his family, as he was the main bread-winner.

Updated: 11:13 Thursday, May 01, 2003