Erie County Sheriff Timothy B Howard reports that a Town of Collins man was arrested early Friday morning. Sheriff's dispatchers received a call from the Seneca Nation Marshalls advising that their patrol had a vehicle stopped, and suspected the driver to be intoxicated. Deputies Theresa Nietzel and Ryan Rogers of the Erie County Sheriff's North Collins Sub-Station responded to investigate. The driver, Michael J. Berndt, age 33 of Main St. in Collins was given sobriety tests which he failed. He was placed under arrest, and subsequently volunteered to take a breath test; the test results revealed a .22% B.A.C., nearly three times the legal limit for intoxication. This prompted a charge of Aggravated D.W.I. (.18% or higher). In addition, a computer check of his driver’s license revealed a previous conviction for D.W.I., elevating this arrest to a felony. He was also charged with having an open container in his vehicle. Mr. Berndt was released to a third party on traffic summonses, and will answer to the charges on a future date in the Town of Brant Court.
His vehicle was towed and a 12 hour hold was placed on it.
This is the 126th arrest for Driving While Intoxicated made by the Erie County Sheriff's Office in 2014.