New York Congressman Arrested for DUI in Virginia

Representative Vito Fossella charged with drunk driving in suburban Washington DC.

Vito Fossella, a member of the US House of Representatives, was arrested for driving under the influence in Virginia. The Republican lawmaker was stopped in Alexandria, Virginia for running a red light, and, after detecting a strong smell of alcohol, police asked him to submit to field sobriety tests and a breath test. Fossella reportedly failed the field tests and registered a preliminary blood alcohol content of .133%. When a second breath test was taken during booking for Virginia DUI, the result was .17%. The legal limit for driving while intoxicated in Virginia is .08%.

Fossella was driving a white Honda Civic at 12:10 am when arrested for drunk driving. When asked to recite the alphabet between D and T, Fossella started “A, B”, prompting the officer to explain the request again. Fossella then said “D, E, F, H, G, H, I, J, L” before stopping. He initially told the arresting officer that he was going to pick up his sick daughter, but later acknowledged he had been at a White House Super Bowl event for the NFL champions the New York Giants and then went to dinner where drinks were consumed.

Under Virginia DUI laws a first offense for drinking and driving is a misdemeanor. Because Fossella’s BAC was above .15% he faces at least five days in jail. In addition, Fossella is subject to an automatic House ethics investigation. Fossella apologized to his constituents and said he would not resign. His staff has denied that he has a drinking problem.

Fossella, 43, has represented Staten Island and Brooklyn, New York since 1997 when he won a special election. An strong ally of George Bush and Dick Cheney, the representative is seeking re-election in November, making the drunk driving arrest in Virginia a potential political liability.

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