Magistrate Edward King has responded to the overturning of his decision to give a suspended jail sentence to a teen who refused to take a breath test.

Mr. King spoke out on Wednesday after sentencing another man who had pleaded guilty to driving under the influence.

After fining Peter Joseph Driscoll $1,000 and telling him that a custodial sentence was not warranted, Mr. King then turned to the court and added: "But for those of you who remember earlier this week, I may send him to prison -- that is the power. That is what the law provides.

"If you refuse to take the breath test the penalty is the same (as if you fail it). He (Driscoll) could go to prison. Regardless of what you see in the press.'' Last week Chief Justice Austin Ward ruled that a refusal to take a breath test could not be automatically treated as an admission to drunk driving.

The ruling was made after lawyer Juliana Jack appealed a three-month suspended sentence imposed on a teenager who had crashed his cycle. That sentence was overturned by the Chief Justice.

But the decision was criticised by one prosecutor who argued that the ruling could lead to people who had been drinkiung refusing the test in order to get a lesser sentence.

Mr. King's policy has been to give suspended sentences to people who have been involved in accidents while drinking.

In yesterday's case Crown counsel Graveney Bannister told the court that Driscoll was pulled over by Police on Trimmingham Hill on the evening of August 5 last year after they saw him "wobble'' when he stopped at the junction of Spurling Hill and East Broadway.

When the officers spoke with him they noted a "predominant'' smell of alcohol. Driscoll admitted he had been drinking.

Driscoll failed a breath test, giving a reading of 156 milligrammes of alcohol in 100 millilitres of blood -- nearly double the legal limit.

In court Driscoll's lawyer, Trevor Moniz told Mr. King: "He agrees with the facts as presented and the only thing I'm instructed to say is he was recently diagnosed as a diabetic and he doesn't metabolise all that well.'' Mr. King also banned Driscoll from driving all vehicles for 12 months and ordered that he serve 120 days in prison if the $1,000 fine is not paid by the end of the month.

Edward King