(CNN) A top New York state legislator was charged with driving while intoxicated on New Year's Eve after urging his constituents not to drink and drive around the holidays.

Brian Kolb, the New York State Assembly's Republican minority leader, crashed his vehicle Tuesday night off of County Road 41 in Victor, New York, Ontario County Sheriff Kevin Henderson said in a news conference Wednesday.

A deputy found Kolb alone in the vehicle in a ditch in front of his residence, the sheriff said. There were no injuries, according to Henderson.

Kolb was arrested around 10 p.m. and taken to the Ontario County Jail for processing, the sheriff said. Kolb's blood alcohol content was over .08%, according to the sheriff.

The vehicle was a 2018-GMC Arcadia registered to the state — same as the SUV given to Kolb last year, according to a Daily News ' report.

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