A DAD has avoided jail despite causing a crash on his way to do a school run while more than four times the drink-drive limit.

Kyle Emery's white BMW had been spotted 'swerving all over the road' and 'mounting a grass verge' in Delamere Street, Winsford, at around 3pm on December 4 last year. 

According to police, the 37-year-old had narrowly missed other vehicles as he'd crossed over the central line.

Such was the manner of his driving, the driver behind him thought Emery had fallen asleep or was on his phone and so sounded the horn and turned on their hazard warning lights.

But as Emery rounded a corner, mounting another grass verge in process, he straightened up and crossed once again onto the other side of the road.

The BMW then crashed into a silver VW being driven by an elderly woman, who was left trapped in the car and had to be cut free by firefighters.

On arrival, police officers noticed Emery was 'very unsteady' on his feet and 'smelled of intoxicants'.

He was given a roadside breath test and was arrested for drink-driving.

Emery, of Birkdale Gardens, Winsford, was charged with the offence and appeared at Chester Magistrates Court on December 5 where he pleaded guilty.

Returning to court on January 16, it was heard a breath test revealed Emery had 145 microgrammes of alcohol in 100 millilitres of his breath. The legal limit is 35.

Taking his plea into account, the bench sentenced him to 18 weeks in prison, but suspended the term for 18 months.

The court heard the offence was so serious only a custodial sentence could be justified as the defendant had 'got into his car to collect his primary school-aged children and caused a significant collision, injuring another driver, en route'.

But magistrates were minded to suspend the jail term as Emery 'is taking active measures to rehabilitate himself' and there was deemed to be a 'realistic prospect of rehabilitation'.

Emery was banned from driving for three years, starting from December 5 - the date his interim disqualification began.

He must also undergo three months of alcohol treatment six months of mental health treatment, completing a minimum of 12 sessions.