NEW YORK -- Rep. Vito Fossella's blood alcohol level was .17 at the time of his arrest early Thursday on a DWI charge in Alexandria, Va., a suburb of Washington, D.C., according to the arresting officer as described in a warrant to be filed in court. The legal blood alcohol limit in Virginia is .08.

Congressman Apologizes, Begs For Forgiveness

Under Virginia law, the five-term New York congressman, a Republican, faces a mandatory minimum of five days in jail if convicted and revocation of his driver's license for one year.

WNBC.com obtained the contents of an arrest warrant that will be filed in General District Court in Alexandria. It lists the time of arrest as 12:15 a.m. at the intersection of Seminary Road and Library Lane in Alexandria. Fossella is charged with "DWI as a first offense," the warrant says.

A law enforcement source told WNBC.com that prior to his arrest, Fossella was pulled over for running a red light.

Virginia Commonwealth's Attorney Randolph Sengel, while declining to comment on the Fossella case specifically, said Friday afternoon that "as a general rule we don't plea-bargain drunk driving cases."

Pleading forgiveness at a news conference in Staten Island, Fossella said he failed to set an example and deeply regrets his actions.

"This was an error in judgment," he said. "This was a mistake I will never make again."

Fossella said he would not resign. He would not comment on the specifics of the case.

"Politics right now is the last thing on my mind. Right now, it's the embarrassment I caused my family, my friends and the people of this community," he said.

The arrest could complicate a re-election bid this year for Fossella, who is New York City's only Republican representative in Congress.

Fossella, who represents Staten Island and parts of Brooklyn in the U.S. House, faces a strong challenge from Democrat Stephen Harrison, who told WNBC.com Fossella should "consider taking himself out of the race. This isn't just an embarrassment," Harrison said, "it's a crime."