Because this is still a pending investigation, White explained, Rakeman's blood alcohol content cannot be made available to the public until the district attorney releases it. But White did confirm that because Rakeman was charged with DWI, his blood alcohol level, under New York State law, was at or above .10. White also said that the police did have probable cause to believe that Rakeman was driving while intoxicated, and a sobriety test was administered at the site of the crash. DWI can also relate to drug usage, but White said that was not the case in this instance. But the more serious charge facing Rakeman is the one alleging vehicular assault.
Vehicular assault is identified as a Class E felony under New York State law.
According to White, it carries a maximum sentence of up to four years in prison. But White did say that it would be highly unlikely for someone with no prior convictions to receive such a stiff sentence. Rakeman has not been officially charged with vehicular assault, but Village Police are investigating that charge. Foster said he doesn't know right now how much damage, in fiscal terms, was done to the apartment. It's in the hands of the insurance companies right now.