Jonathon Stevens of Ralph Road, Shirley, admitted failing to provide a specimen for analysis when he was arrested after the accident at 2am on December 8.
Malcolm Stoddart, prosecuting, said the 31-year-old’s Renault Megane had driven straight through the cones separating roadworks on the M42 between junctions 3a and 4 in Solihull, hitting a traffic sign and eventually colliding with a stationary Range Rover.
When police arrived to take a breath analysis, Stevens recorded a “very, very high result”, 46mg over the legal limit, but when he was taken to the station, he refused to give a urine or blood analysis sample.
“There was no medical reason... he simply refused to provide a specimen,” Mr Stoddart added.
“He was so intoxicated he couldn’t be charged until the afternoon.”
Noel Philo, defending, said breathalyser results were often higher than the more accurate blood or urine tests.
“The breath specimen is indicative but not a scientific result.
“Mr Stevens admits he was intoxicated. He believed he has given a specimen and in his befuddled state, did not understand why he had to give another.
“He had not meant to drive. He had been out celebrating with friends and was planning to stay with a friend but they got separated.
“That’s when he made the appalling decision.”
Stevens, who previously had a clean licence, was banned for 16 months and ordered to pay a £750 fine plus £160 in costs.