WASHINGTON (CNN) - U.S. Rep. Vito Fossella of New York was sentenced to five days in jail Monday for a drunken-driving incident in Virginia that led to revelations he had fathered a child from an extramarital affair.
Fossella was given the maximum sentence of five days behind bars by Alexandria, Virginia, General District Judge Becky Moore. She rejected Fossella's arguments the device that measured his blood alcohol level at 0.17 percent at the time of his arrest had been faulty. Virginia law requires that anyone with a blood alcohol content level of 0.15 percent or more must serve five days in jail.
Fossella has 10 days to appeal the sentence. If he does not, the Republican congressman from Staten Island will have to report to the Alexandria jail on December 19 to serve his sentence.
Fossella's arrest led to the public disclosure that he was en route from a Washington bar to help an ill daughter who lived with her mother, a Virginia woman with whom the lawmaker had had a lengthy relationship.
Fossella, who has a wife and three children in New York, was forced to abandon re-election plans after the scandal broke. His seat in the new Congress was won by a Democrat.