A man who fell out of his car told police measuring their instruments were wrong when they said he was almost four times over the limit, a court heard.
Company boss Reginald Larry-Cole stopped his Range Rover in the middle of a road and had to be helped by police officers to the side of the road.
Once there he gave a positive breath test and when he gave an evidential reading at a police station he was found to be almost four times over the legal drink drive limit.
However, the 48-year-old denied the charge of drink-driving and contested it before magistates where he challenged the accuracy of the intoximeter.
Larry-Cole was convicted of drink-driving and banned from the roads for 33 months as well as given a suspended prison sentence.
The judge deemed his defence spurious police said.
A spokesman for Surrey Police said a 999 call was made on December 21 2017 to report a suspected drink-driver being behind the wheel of a Range Rover which was seen driving erratically on the M3, near Lightwater, Surrey.
The 48-year-old then drove off the M3 at junction 3 onto the A322 towards Bracknell, followed by two Roads Policing Officers, said the spokesman.
He stopped shortly afterwards in the middle of the road, blocking both lanes.
Investigating officer Sergeant Dan Pascoe said: It was immediately obvious to us when Reginald Larry-Cole stopped, that he was drunk.
He practically fell out of his car and needed assistance walking to the edge of the road.
Despite the state we found him in, a roadside breath test which showed he was three times the limit and an evidential reading in custody showing that he was nearly four times the limit, he denied the offence and forced a trial on the basis that our equipment was faulty and that we had not followed proper procedure.
The court described his defence as spurious and it is a sharp reminder to anyone thinking of driving under the influence of either drink or drugs that you cannot get away with it – and at worst you could kill yourself or another innocent member of the public.
Larry-Cole, of Lingfield, Surrey was convicted at Guildford Magistrates Court after he denied one count of driving while exceeding the drink-driving limited.
Sgt. Pascoe added: He was sentenced and received a 12 week sentence, suspended for 12 months.
He has also been ordered to carry out 80 hours of unpaid work, to pay prosecution costs of £1,875 and ordered to attend a drink impaired drivers programme.
He has also been disqualified from driving for 33 months.
There are so many simple alternatives to driving under the influence. Just get someone to pick you up, pay for a taxi, get a train or organise a designated driver.
It will save you losing your licence, possible your job and liberty, or your life.