Police followed Jake Preston’s car from the McDonalds drive-through, just before 1am, on June 24, after receiving a tip-off from staff.
He was seen swerving on Kings Mill Road East and stopped, but was unable to provide a breath sample after five attempts, said prosecutor Robert Carr.
“At the police station he was cooperative, but told officers he wanted to speak to a lawyer before he gave a specimen.”
Tom Oates, mitigating, said Preston, who has no previous convictions, had two pints of strong lager before driving.
“He wanted to speak to a solicitor before he gave a sample,” he said. “The police have to take a hardline and say “That’s not possible.”
“It is recorded as a failure to provide.”
He said that Preston’s request for a lawyer was “unreasonable” in the eyes of the law, but was “honestly held.”
He said that his failure to provide a breath sample at the roadside had been caused by anxiety.
Preston, 23, of Church Drive, Shirebrook, admitted failing to provide a sample for analysis when he appeared before magistrates in Mansfield, on Monday.
He was fined £325, with £85 costs and a £32 victim surcharge, and was banned from driving for a year.
He was offered a drink drive rehabilitation course, which, if completed before February next year, will reduce his disqualification by a quarter.