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Updated: Monday, 03 Dec 2012, 10:36 PM EST
Published : Monday, 03 Dec 2012, 10:34 PM EST

Vic Baker
Posted by: Eli George

LITTLE VALLEY, N.Y. (WIVB) - A judge put a drunk driver back in jail on Monday after he failed a breathalyzer test.

Kevin Tyler was in Cattaraugus County Court for sentencing for a felony DWI conviction and told the judge he hadn't had a drink in four weeks. But authorities say when they gave Tyler a breathalyzer, he blew a .10 percent BAC.

The judge ordered Tyler back to jail to sober up in time for sentencing next week.

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