UPDATE: Police say driver drinking behind wheel

Posted at 8:01 AM, Mar 06, 2017
and last updated 2017-03-06 10:02:39-05

A Hamburg man is facing DWI charges after the Erie County Sheriff's Office says he was drinking in his car with a BAC nearly three times the legal limit when he crashed.

Deputies say 25-year-old Brendan Fogarty was impaired when he was driving down Lapp Road in Clarence around 3:15 a.m. Monday.  He lost control and crashed into a tree.  A passerby called police, and when they arrived they say Fogarty was unresponsive.

Fogarty was extricated from the car and interviewed by deputies.  Police say an initial blood screening showed his blood alcohol content was nearly three times the legal limit.  He was taken to ECMC for non-life threatening injuries.

He's facing a number of charges including DWI, speeding, drinking alcohol in a vehicle, and a seat belt violation.