That's according to a spokesman, who says Crapo has consulted an attorney.
Crapo registered a higher blood alcohol level in a second, jailhouse test than the first test conducted by the officer who stopped him.
Police say Crapo registered a 0.11 percent blood on the scene after being pulled over in Alexandria.
But a law enforcement official tells The Associated Press that another test performed at the jail -- the one used in court -- registered at 0.14, just under the level that mandates jail time. Virginia's legal limit is 0.08.
The official isn't authorized to release information publicly and spoke on condition of anonymity.