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Daniel McManus, Brownell's attorney, said he was arrested on Aug. 10 in Springfield, Vt., by the Springfield police. McManus said a breath test was not done to determine whether Brownell was driving drunk, but the arrest was made based on police observations. He said that such observations were somewhat subjective and Brownell is contesting the charge.

The prosecutor said, however, that Brownell refused to take a blood-alcohol test.

David Cahill, the prosecuting attorney, said that according to the police affidavit, Brownell was pulled over while driving 50 mph in a 40 mph zone. He was also allegedly weaving in his lane and made a righthand turn in a straight-only lane.

Cahill said that when Brownell got out of the car, according to the police, his eyes were red and his speech was slurred. Cahill said that Brownell refused to take a field breathalyzer test and refused to take one at the station as well. His passengers — Cahill said that according to police there were at least two — took the breath test and they had a blood-alcohol level of .190 or higher.

Cahill said that Brownell admitted to police that he had consumed alcohol earlier in the evening.

"Legislator Brownell has pleaded

According to his biography page on Rensselaer County's Web page, in addition to being a legislator since 1998, Brownell, a Republican, is the facility manager for the New York State Energy Research and Development Authority.

Brownell was also a member of the Hoosick Town Board from 1995-1998. Currently, he is chairman of the county legislature's Planning and Public Works Committee.