A driving instructor who police say was drunk while giving someone a driving lesson can stay out of jail but will lose his license for a year.

Daniel Winsky, 53, of Salem was convicted Thursday of operating under the influence while giving a lesson from the passenger seat of a car. He was sentenced to 18 months probation but won't be a licensed driver for one year.

Winsky was not behind the wheel during the December 2007 lesson, but prosecutors say he was in control of the passenger side brakes in the specially-fitted car and also moved the wheel during the lesson.

Police pulled Winsky over shortly after a convenience store clerk smelled alcohol on his breath, then saw him enter the auto school's car. Winsky claimed he was not drunk during the lesson.