State Assembly Minority Leader Brian Kolb is apologizing to his friends and family for his DWI arrest on New Year's Eve.
Ontario County District Attorney Jim Ritts says Kolb had a blood alcohol level above .08 after he crashed.
He says a prosecutor from outside the county will be appointed to handle the case.
Kolb was driving his state-issued SUV when he crashed near his property in Victor.
Weeks ago, Kolb released a statement urging people not to drive drunk -- saying there is no excuse for impaired driving.