Paul Drayton, Alan Carr’s husband, was freed after a 'harrowing' two nights in prison after a judge overturned his sentence for drink-driving.
The 50-year-old was jailed on Wednesday for reversing a 4X4 into a police car with an alcohol test reading 'off the scale'.
He had been handed a 14-week jail term after pleading guilty to a single count of 'driving a motor vehicle when alcohol level above limit.'
But on Friday a judge told him he should be given the opportunity to turn his life around and that his sentence would be suspended.
Drayton broke down in tears in the dock as he was told his liberty was being restored.
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He recently announced his split from comedian Carr, his partner of 13 years, and also underwent brain surgery just over two weeks ago.
On October 9 2021, Sussex Police saw Drayton swerving his car from side to side while driving at around 3pm on October 9 in Broadbridge Heath, Horsham.
He was three miles from the home he shared with comic Alan.
When he was pulled over he was so drunk he reversed into the police car, narrowly missing a mum and baby.
A breath alcohol test returned a reading of 153 micrograms in 100 millilitres of breath – four times the legal limit.
He wore a blue suit to Brighton Crown Court on Friday as his barrister sought to have him released from custody, reports the Mirror.
John Dye, representing Drayton, told the court: “This is a very serious drink-driving offence.
“It crosses the custody threshold. I think to say anything other than that would be absurd.”
But he emphasised Drayton’s previous good character, mental health struggles and problems with alcohol.
“The two nights in custody have been extremely difficult for someone who has poor mental health,” he added.
At the mention of his two nights in prison since being jailed on Wednesday, Drayton broke down in silent tears in the dock.
Judge Shani Barnes responded: “I am sure they have been harrowing.”
After briefly retiring to discuss the case with her magistrate colleague, she returned to the courtroom and told Drayton that he had led an “exemplary life”.
Addressing the question of whether the sentence could be suspended, she said the answer was “quite clearly… yes”.
“Yes, of course it is right that we give you an opportunity to make amends and turn your life around.”
She told him he would receive a 12-week prison sentence, suspended for 24 months.
Drayton, who had been visibly emotional in the dock throughout the hearing, broke down in fresh tears as the decision was announced.
Meanwhile Alan and Paul announced their marriage was over last week.
On Friday, in a statement to the PA news agency, their spokesperson said: "After 13 years as a couple and three years of marriage, Alan Carr and Paul Drayton would like to announce they are separating.
"They have jointly and amicably made the difficult decision to divorce and go their separate ways.
"We request that their privacy is respected at this sensitive time."
Paul and Alan tied the knot back in 2018 in Los Angeles - with megastar Adele organising their big day as well as paying for it and officiating the wedding.
