Depew Man Blows .22% BAC, Charged With Felony DWI

May 30, 2013 Updated May 30, 2013 at 11:36 AM EDT

By Mitch Simon

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Depew Man Blows .22% BAC, Charged With Felony DWI

May 30, 2013 Updated May 30, 2013 at 11:36 AM EDT

WEST SENECA, N.Y. (WKBW) - A Depew man was arrested and charged with Felony DWI late Wednesday night.

Police say at about 11:00 p.m., a Trooper observed a vehicle exit the Sunoco gas station on Transit Road and Seneca Street. The vehicle failed to yield right of way to another vehicle when turning northbound onto Transit Road.

The driver, 48-year-old Timothy Kubiak was found to be intoxicated and was placed under arrest after roadside tests. He was given a breath test and his BAC was found to be .22%.

Kubiak has a prior DWI conviction with in the previous ten years and was charged with DWI, a D felony and Felony Aggravated DWI an E felony.

He was released to a third party to appear in the Town of Elma Court on a later date.