Vito Fossella was arrested Thursday with his blood alcohol level at .17. He was driving in Alexandria, VA, which has an alcohol limit of .08. He faces a mandatory minimum of 5 days in jail if convicted and revocation of his driver’s license for one year. Fossella has already issued a statement of "apology" in which he says, "last night, I made an error in judgment."  Fossella, who represents Staten Island and parts of Brooklyn in the U.S. House, faces a strong challenge from Democrat Stephen Harrison, who told WNBC.com Fossella should "consider taking himself out of the race. This isn't just an embarrassment," Harrison said, "it's a crime."