Actor Anthony Mackie was arrested and charged with drunk driving in New York City early Saturday morning.

TMZ first reported that the 35-year-old actor was pulled over by police around 1:30 a.m. for driving with tinted windows. When they approached him, they saw that his eyes were bloodshot and watery and smelled alcohol. People notes that he was driving in East Harlem.

They then had him take sobriety tests, which he failed. He was handcuffed, taken to a local police station and booked.

According to E! News, he was charged with driving while intoxicated (DWI). His license was also suspended because he would not take the blood-alcohol test.

Mackie is best known for his role in Kathryn Bigelow’s Best Picture Oscar-winning film The Hurt Locker and made his film debut in 8 Mile with Eminem. This year, he was seen in Gangster Squad, Pain & Gain and Runner Runner. His next film will be his first in the Marvel universe, as he plays the Falcon in Captain America: The Winter Soldier, which hits theaters in April.

image: Photo by Neilson Barnard/Getty Images for Montblanc