Image: Vito Fossella
Craig Ruttle  /  AP
U.S. Rep. Vito Fossella's drunken driving arrest led to revelations that he'd fathered a child from an extramarital affair.
updated 12/8/2008 4:37:33 PM ET 2008-12-08T21:37:33

Disgraced New York Rep. Vito Fossella has been sentenced to five days in jail for drunken driving.

Judge Becky Moore decided Fossella was so drunk he met the legal threshold for a five-day stint in jail. Fossella's May 1 arrest led to revelations he had fathered a child through an extramarital affair.

Buffeted by questions about his personal secrets, Fossella chose not to seek re-election and will leave Congress next month.

Fossella was arrested after running a red light on May 1 in a Virginia suburb of Washington, and convicted of drunken driving in October. Under Virginia law, a driver who registers a blood alcohol content of 0.15 or higher must serve five days behind bars. Police say Fossella's blood alcohol content was 0.17.

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