Homes Under The Hammer presenter Martin Roberts has called for the law to be changed after he lost an appeal against a conviction for failing to provide a breath specimen.

The daytime TV presenter – who is an asthma sufferer – was arrested on suspicion of driving under the influence of alcohol in November last year.

When it came to giving breath tests, the asthma sufferer said he tried but failed to complete two blows into the breathalyser machine, Bristol Live report.

But, after losing the appeal, the 56-year-old said asthma sufferers should be offer alternative methods of testing for excess alcohol because of difficulties in providing enough air for the breath test.

Police accused him of sucking rather than blowing and, after only one successful test which showed him to be almost twice over the limit, they charged him with failing to provide a specimen of breath.

Roberts, who has also appeared on I'm A Celebrity... Get Me Out Of Here,  maintains the reading could have been contaminated by his asthma inhaler.

Martin Roberts was not impressed by his cockroach smoothie in the jungle
Martin Roberts during his stint in the jungle for I'm A Celebrity

He denied failing to provide a specimen of breath but was convicted at Bath Magistrates Court in March. He was fined £3,461 and banned from driving for 23 months.

But the presenter appealed against both conviction and sentence at Bristol Crown Court.

Recorder Mr Noel Casey dismissed the appeal against conviction, retained the sentence and imposed £520 costs.

Mr Casey told Roberts: "We accept the appellant suffers from asthma but not to an extent much greater than many other sufferers."

Roberts said: "This is a bad day for me. But it is also a terrible day for asthma sufferers.

"How can it be fair that someone that has a lifelong history of asthma, that declares that asthma to police, is only offered a breathylser test that involves exhaling effectively - and is not offered any alternative way of providing a sample - such as giving blood or urine?"

'My failure to provide a sample was for genuine medical reasons'

Mr Roberts stressed his doctor said it was very likely he would not have been able to provide the required breath test.

He said: "My failure to provide a sample was for genuine medical reasons. I would have happily provided a blood or urine sample but was never offered the opportunity to do so.

"I believe the law needs to be changed to protect other asthma sufferers like myself from being prejudiced against in this grossly unfair way, by making it mandatory that they are offered an alternative way of providing a sample.

Police sergeant Andrew Mundy told the court he arrested Roberts: He said: "I invited him to the police vehicle for a sample of breath. He was slurring his words, speaking in a repetitive manner and you could smell alcohol."

Footage showed how Roberts repeatedly asked to speak to his solicitor and no roadside breath test was carried out. He was arrested and taken to a custody centre, where he informed police he had asthma.

Roberts managed, after three tries, to effectively blow into the breath test machine. But he failed to successfully blow a second time and was not allowed another go.

PC Lee Venis told the court: "In the first test he barely blew. In the second he appeared to be sucking on the pipe."

PC Venis said he suffered from asthma himself and it was his view that asthma sufferers, and even those with one lung, should be capable of exhaling for the test.

Roberts told his barrister, David Campbell, that he was asthmatic and had "absolutely" tried his best in the breath tests. He admitted hosting a function that day, and then visiting bars, but denied being over the alcohol limit.

He said: "I am not swinging the lead. It took me a lot of time to do the first test, using all my abilities and all my puff. Eventually I squeezed out the little bit extra needed.

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"By doing so I got myself into a state of anxiety and exhaustion, or puffed outness, so I couldn't do the second test."

GP Dr Barbara Roy confirmed Roberts was an asthma sufferer and in her view he had tried his best to blow breath tests.

She said in January this year his peak airflow was 325, which is half the lung capacity expected for a man of his age and height.

He was then given new steroid medication which boosted that peak airflow to a much-improved reading of 550.