(CNN) – Former New York Rep. John Sweeney was arrested early Sunday morning on his second DWI incident in 17 months after refusing to take field sobriety tests, the Saratoga County District Attorney's office confirms to CNN.
"We will treat this prosecution like any other felony DWI case," District Attorney James Murphy said in a statement provided to CNN. "We are fortunate that his alleged conduct did not result in death or serious physical injury to himself or any one else."
In 2007, Sweeney pleaded guilty to a misdemeanor DWI charge, Murphy also said in the statement.
Sen. Kirsten Gillibrand defeated Sweeney in 2006 when he sought re-election to represent New York's 20th Congressional District. Gillibrand was recently named by New York Gov. David Paterson to replace Secretary of State Hillary Clinton in the U.S. Senate. The race to replace Gillibrand resulted in a virtual tie and is not likely to be determined until absentee ballots are counted and a possible recount takes place.