YORKTOWN, N.Y. - A Mahopac man was arrested earlier this month after he was found passed out in his car, and now faces three DWI-related felony charges
Yorktown police were called on Wednesday, Jan. 2, to the Mobil gas station at 3205 Saw Mill River Road to investigate a report of a driver who had passed out in his vehicle. When they arrived at about 12:13 a.m., police said officers found 38-year-old Mark P. Dzubak of Mahopac passed out in his car. Further investigation revealed that he had been driving while intoxicated, police said, and had a blood alcohol content (BAC) of at least 0.8 percent, the state’s legal threshold for intoxication. Police said they also discovered that Dzubak had two DWI convictions in the past 10 years and was driving with a suspended license and without a court-ordered interlock device.
Dzubak was taken to Yorktown police headquarters where he was charged with driving while intoxicated and driving with a BAC of .08 percent or more. Each charge is normally a misdemeanor punishable by up to a year in jail and a fine of $500 to $1,000. But the two prior DWI convictions elevate both charges to class D felony status, with potential hard time of seven years in state prison and a fine of as much as $10,000 on each rap. He was also charged with driving with a suspended license, a class E felony (four years/up to $5,000), and operating a motor vehicle without an interlock device, a misdemeanor.
Dzubak was held pending arraignment.