Barry Covert On Barnaby

September 27, 2013 Updated Dec 8, 2011 at 5:06 PM EDT

By WKBW News

September 27, 2013 Updated Dec 8, 2011 at 5:06 PM EDT

BUFFALO, NY ( WKBW ) Erie County Sheriff's deputies reported that former Buffalo Sabre Matthew Barnaby was arrested around 3a.m. Monday morning after driving erratically on Transit and Roll Roads in Clarence.

His Porsche SUV was driving on three tires, with extensive damage to the front end.

Captain Ron Kenyon from the Erie County Sheriff's Department told Eyewitness News, "certainly seeing a car going down the road at three in the morning missing a tire sparks flying is uncommon and it did stick out to the deputies"

Barnaby reportedly failed field sobriety tests, refused to take a breathalyzer, and was arrested.

Kenyon continued, "he was charged with driving while intoxicated... which is a misdemeanor... Refusing to take a chemical test, the unsafe tires, and leaving the scene of a property damage accident."

Attorney Barry Covert, from the law firm of Lipsitz, Green, Scime, and Cambria offered his opinion on the D.W.I arrest, and what it means to Barnaby...considering he had a prior run in with the law due to a domestic incident.

Click the video for more.