A driver found over the limit in his car escaped prosecution for excess alcohol after giving police his brother's name.
Michael Shiel was found slumped at the wheel and almost twice the drink drive limit.
He was arrested and gave his name as Robert Shiel, a lie he persisted with and was charged under, before finally coming clean when he got a letter about a court date.
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Shiel was subsequently charged with doing acts intended to pervert the course of justice.
But in an apparent oversight by Northumbria Police, he was not charged with being drunk in charge of a vehicle.
Newcastle Crown Court heard it was on February 16 last year that police approached Shiel's car amid concerns for him.
Rachel Glover, prosecuting, said: "He said he was Robert Shiel and provided a different date of birth.
"He was arrested under that name, taken to police custody, breath tested and he continued to provide the name of his brother and was further interviewed under that name.
"It only came to light because he was charged under that name and given a court date."
Shiel told his solicitors who told police he had provided false details.
The court heard his brother was never approached or arrested as a consequence of his lie.
Shiel, 31, of Lincoln Road, South Shields, pleaded guilty to the perverting justice charge and was sentenced to four months suspended for 18 months.
The court heard he has previous convictions for assault, public order, drunk and disorderly, harassment, criminal damage and witness intimidation.
Vic Laffey, defending, said: "It's a fairly disastrous set of circumstances for the defendant.
"He made a foolish decision and gave a false name. Thankfully he came to his senses when the summons arrived. He had given the correct address.
"Obviously he was fortunate he was not charged for excess alcohol. I'm guessing that was an oversight and they are out of time."
Northumbria Police have been contacted and asked to explain why he was not charged with being drunk in charge of a vehicle.
