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A Depew driver with a prior DWI conviction was charged Wednesday night with driving with a blood alcohol level more than twice the legal limit after State Police said he pulled out of gas station and failed to yeild the right of way to another vehicle.

Timothy P. Kubiak, 48, of Dubonnet Drive, was arrested after he left the service station and turned northbound onto Transit Road at Seneca Street in Elma around 11 p.m., police said.

A roadside breath test pegged his blood alcohol content at 0.22 percent and he had a previous DWI conviction within the previous 10 years, police said. He faces a variety of charges including felony aggravated DWI. He was released to a third party and is due in Elma Town Court at a later date.