A Clitheroe company director caught over the drink-drive limit has been disqualified for 38 months - but if he had done it 20 days later he would only have got a year-long ban.
Jack Dearden (32), had previously been convicted of excess alcohol in May 2009 and a mandatory ban of at least three years is imposed if a second drink-drive offence is committed within 10 years, a court was told.
Burnley magistrates heard how Dearden was spoken to by police when he stopped his Mercedes on Bayley Fold, Clitheroe, at about 2-15am. He blew 41 microgrammes of alcohol in 100 millilitres of breath. The legal limit is 35.
Miss Parveen Akhtar, prosecuting, said : "There were no issues at the roadside, no issues at the police station."
The father-of-three's decision to go and get some cigarettes has turned out to be a costly one financially as well, as he now also been ordered to hand over nearly £1,000. He was fined £830 and told to pay £85 costs and an £83 victim surcharge.
Mr David Leach, defending, told the court the circumstances were rather unfortunate. He said Dearden had been out for a meal the previous evening and had some alcohol. He went home, went to bed early at about 9pm and woke up just minutes before the offence.
The solicitor continued: "He realised he was out of cigarettes and didn't feel the effects of alcohol whatsoever. He thought, because he had been asleep for the last five hours, he would be ok to get in his car and drive to the garage to pick up some cigarettes."
Mr Leach said: "There is no suggestion by the police that there is any criticism of the manner of his driving. He had not realised it was so early in the morning."
The defendant, of Ludlow Road, Clitheroe, admitted driving with excess alcohol on April 8th.