Assemblyman Brian Kolb is due in court Thursday following his DWI arrest on New Year's Eve. The Republican stepped down as Assembly minority leader after his arrest, but he still represents the 131st district.

Assemblyman Brian Kolb is due in court Thursday following his DWI arrest on New Year's Eve.

Deputies say he crashed his state-owned SUV alongside County Road 41 near his home in Victor.

The former top Republican in the New York State Assembly admitted to drinking four or five cocktails at the Erie Grill in Pittsford, according to court documents. A breath test showed blood-alcohol level was 0.16% — twice the legal limit.

The Republican stepped down as Assembly minority leader after his arrest, but he still represents the 131st district.

Yates County District Attorney Todd Casella has been appointed the special prosecutor in the case.

Kolb is expected in Victor Town Court at 12:30 p.m. Thursday.