He was arrested again for a DUI.

Despite two prior drunken driving arrests in New York, Torn may be eligible for an alcohol education program for first-time offenders in this state. He was acquitted by a jury in a 2004 drunken driving case and, in a second case, pleaded guilty in 2007 to a lesser charge of being ability impaired, according to published reports.

“All I can tell you is that we will review the reports and Mr. Torn and I will meet to discuss his defense options. At this point, I don’t know what they are yet,” Waterfall said Monday.

On Dec. 14, a bartender at the White Hart Inn reportedly served Torn, but apparently noticed he appeared intoxicated as he was leaving the establishment, according to a police report. Torn reportedly refused a ride home and got in his 1994 Subaru Legacy with a Christmas tree tied on top and drove away.

Torn was reportedly driving in the break-down lane on Route 44 when he was stopped by State Police Trooper Ray Dungan at 9:35 p.m. Torn’s eyes were bloodshot and the trooper smelled alcohol, he reported. Torn failed a portion of the field sobriety tests before he gave up, claiming the ground was not level enough.

Torn refused to take the Breathalyzer test, according to police. In the cruiser, Torn used profanity, the trooper said.

“He was cooperative,” Waterfall said. “He seems like a nice older gentleman who has had an exceptional career.”

In a video recorded during Torn’s 2004 arrest, the actor was not cordial with police, telling New York officers they were “f--- out of line” and saying that they should “go to hell.”

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