Former U.S. Rep. John Sweeney Monday pleaded not guilty to a felony charge of driving while intoxicated, which will likely send the case to trial, said the Saratoga County district attorney.

Troy lawyer E. Stewart Jones, who is representing Sweeney, said Sweeney would lose his law license and therefore his livelihood if he is convicted of a felony, which would be disproportionate punishment, according to the Post-Star of Glens Falls.

In April, Sweeney refused a breath or blood test when he was pulled over on state Route 9 in Clifton Park, where he lives. Because of that refusal, his driver's license was suspended for a year.

Saratoga County DA James A. Murphy III, whose office is prosecuting the case, said the county never plea-bargains felony DWIs to a lesser charge.

"We're treating him just like any other defendant in any other DWI case," Murphy said. "My office is consistent."

Murphy, who has been Saratoga County DA for 12 years, said his office prosecutes about 130 felony and 900 misdemeanor DWI cases a year.

Murphy said it would be up to the state Committee on Professional Standards to decide if Sweeney would lose his law license following a conviction, but he believed it would be likely.

According to rules on the committee's Web site, an attorney convicted of a felony has an opportunity to show why he or she should not have his law license revoked. If the license is revoked, the attorney may apply for reinstatement once the period of suspension has expired.

The charge was elevated to felony level because this is Sweeney's second recent DWI charge. In November 2007, he pleaded guilty to misdemeanor DWI charges after police tested his blood alcohol concentration at .18 percent.

Jones was Sweeney's lawyer then, and Murphy's office prosecuted that case as well.

Now, the defense has 45 days to make discovery motions, and then the judge will schedule a conference, Murphy said.

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Contact Jessica Collier at 891-2600 ext. 25 or jcollier@'adirondackdailyenterprise.com.