A commercial truck driver was brought to the Eastern Hills Mall parking lot just before 11:00 a.m. Wednesday morning for a truck inspection.
During the Department of Transportation inspection, Erie County Sheriff's deputies suspected the driver, Richard Phillips, 48, was impaired.
Deputies administered field sobriety tests which they say Phillips failed. He was taken to the Clarence Substation for processing where a breath test indicated he had a blood alcohol content level of nine times the legal limit for commercial vehicle drivers, according to the Sheriff's Office.
Phillips is charged with DWI and consumption of alcohol in a vehicle. He was released to a sober third party.
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