WASHINGTON (AP) — A spokesman for U.S. Sen. Michael Crapo says he won’t fight charges of drunken driving when he appears in court in January.

That’s according to a spokesman, who says Crapo has consulted an attorney.

Crapo registered a higher blood alcohol level in a second, jailhouse test than the first test conducted by the officer who stopped him.

Police say Crapo registered a 0.11 percent blood on the scene after being pulled over in Alexandra, Va.

But a law enforcement official tells The Associated Press that another test performed at the jail — the one used in court — registered at 0.14, just under the level that mandates jail time. Virginia’s legal limit is 0.08.

The official isn’t authorized to release information publicly and spoke on condition of anonymity.

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