Donald Durando, age 44, of Smithtown, Suffolk County, was charged by state police in Windham, Greene County, on Saturday, Dec. 28, NYSP Trooper Jennifer Alvarez said.
While interviewing Durando, troopers smelled the strong odor of alcoholic beverage emanating from his breath. Alvarez said. Durando submitted to a field sobriety test, which he failed, and was placed under arrest without incident.
Two children under the age of 16 were also located in the vehicle, bringing the charge to aggravated DWI under Leandra's Law, which prohibits driving drunk with children in the vehicle.
Durando refused chemical testing and was released with an appearance ticket.
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