Jose E. Amaya, 29, Of Patchogue Due In Court Sunday

EAST PATCHOGUE, N.Y. (CBSNewYork) – A convicted drunk driver from Long Island was arrested early Sunday morning for driving while intoxicated with a 5-year-old in the car.

Suffolk County Police said Jose E. Amaya, 29, of Patchogue was spotted driving erratically and crossing a double yellow line while traveling eastbound on Montauk Highway near Lenox Avenue in East Patchogue.

He was pulled over and subsequently arrested on charges of aggravated DWI under Leandra’s Law, endangering the welfare of a child, felony DWI with a prior DWI conviction, operating a vehicle without an ignition interlock device and a number of other charges.

Amaya was due to be arraigned at First District Court in Central Islip on Sunday.

The child was released to the custody of family members.

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