New York City police stopped Anthony Mackie's car around 1:30 this morning with the intention of giving him a ticket for having his windows tinted too dark. But when the actor, who most recenty appeared in The Fifth Estate, rolled down the window, officers smelled alcohol and saw that his eyes were watery and bloodshot, according to TMZ.

Mackie reportedly failed sobriety tests administered on the scene, and refused to take a blood alcohol test. He was arrested on the spot and taken into custody for Driving While Intoxicated (DWI), which is defined in New York as having a Blood Alcohol Content (BAC) of 0.08 or higher. First-time offenders in New York who are convicted can be charged a $500 to $1000 fine, sentenced to up to one year in jail, and lose driving privileges for at least six months. And because he refused the BAC test, Mackie automatically incurs an additional six-month license suspension and $300 civil fine, even if he is acquitted of the DWI charge.

The star owns two bars in Brooklyn, New York, where he occasionally tends bar himself.

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