A MAN found drunk on the floor by police in Chester returned to the driving seat of his car as he wanted to 'find his e-cigarette'.

Marek Makowski, 35, of Parkgate Court, pleaded guilty at Chester Magistrates Court on Tuesday, January 24 to failing to provide a specimen to police while drunk in charge of a vehicle.

Prosecuting, Alan Currums said it was at 11.45pm on December 30, 2022 when police found Makowski on the ground outside Primark in Foregate Street, and appeared "heavily intoxicated", "slurring words" and "appeared confused when asked basic questions".

Officers said the defendant was also "unsteady on his feet" when he got up. Makowski told police he had had three beers and made reference to his car.

Police asked him if he was going to drive and Makowski said he could not drive. The defendant then walked down Foregate Street away from the city centre.

Police later saw Makowski, at 12.10am, in an Audi parked on Forest Street with his headlights on and the engine on. He was in the driver's seat and he appeared "heavily intoxicated". Police arrested him on suspicion of being drunk in charge of a vehicle.

At the custody suite, police asked Makowski to provide a breath sample, and he blew without forming a seal around the tube, and without providing a long consistent breath.

He was subsequently charged with failing to provide a specimen when drunk in charge of a vehicle.

He had a previous conviction for being drunk in charge of a vehicle from 2018.

Defending, Shirley Fitton said Makowski had been in Chester to meet friends – ex-work colleagues – as they had not met for a long time.

It was "not his intention" to stay out late or drink to excess, but "as often does happen in this situation, one drink led to another" and resulted in "disjointed thinking".

Makowski was a "lightweight drinker" and had a heart condition which meant he did not drink very much.

The defendant said the fact he was Polish, and did not have a good command of English, may have made it look as if he was "far more drunk than he was" appearing to police.

He added he had returned to his car "to check whether it was all right" parked where it was, and went to get a 'vape e-cig', which required him to turn the lights on in his car to find where it was.

He said he tried to explain this to police, but was arrested, and by the time he appeared in the custody suite, he was "thoroughly fed up with the situation" and was frustrated by the whole procedure, accepting he was affected by drink.

Magistrates agreed a pre-sentence report would be required for Makowski.

He was placed on unconditional bail and will be sentenced at Chester Magistrates Court on February 9.