Rep. Vito Fossella’s chances of winning re-election may be in jeopardy following his arrest in the early hours of yesterday morning on charges of driving while intoxicated in Alexandria, Va.

Mr. Fossella, a Republican who represents Staten Island and parts of Brooklyn, was arrested between 12 a.m. and 2 a.m., Lieutenant Raymond Hazel of the Alexandria Police Department, said. Details regarding the arrest were not available, he said. It is his first DWI offense.

The legal blood alcohol content limit in Virginia is .08%. Police did not release Mr. Fossella’s blood alcohol level.

“Last night I made an error in judgment. As a parent, I know that taking even one drink of alcohol before getting behind the wheel of a car is wrong. I apologize to my family and the constituents of the 13th Congressional District for embarrassing them, as well as myself,” Mr. Fossella said in a statement.

He is due in court May 12 for an advisement hearing, Lieutenant Hazel said.

The embarrassing incident could hurt Mr. Fossella’s chances of retaining his seat representing the 13th district of New York — an area made up of all of Staten Island and the Bay Ridge, Dyker Heights, Gravesend, and Bensonhurst sections of Brooklyn — during next year’s election.

Mr. Fossella, who first won the congressional seat during a special election in November 1997, is expected to face sharp challenges from two Democrats, Stephen Harrison and Domenic Recchia.

While Mr. Fossella has for years enjoyed staunch support from a sizable conservative constituency in his district, Mr. Harrison proved to be a worthy contender during the 2007 election. Although he was heavily outspent, Mr. Harrison, an attorney, garnered 43% of the vote.

Mr. Harrison yesterday released a scathing statement regarding his opponent’s arrest.

“Driving while intoxicated is a very serious charge,” he said. “As elected officials and potential elected officials we have an obligation to set an example for society. Lawmakers cannot expect the people to follow the laws if they themselves disregard them.”

Mr. Recchia, a City Council member who represents the Coney Island, Gravesend, and Bensonhurst sections of Brooklyn, has already demonstrated a talent for fund-raising. Mr. Recchia has raised $350,460 for the election, while Mr. Harrison has raised $150,699, according to a Web site that tracks campaign finances, Maplight.org.

Mr. Fossella, whose father was a well-recognized city politician, has raised $851,155 for the upcoming election, according to the Web site.

A message left with Mr. Recchia was not immediately returned.

Mr. Fossella’s political career started in 1994, when he was elected to the City Council.