SPOKANE, Wash. -- A federal prosecutor is facing a driving under the influence charge in Spokane.

Federal Prosecutor Timothy Durkin was arrested December 21, for speeding and driving under the influence. Court documents show Durkin was going 40 mph in a 30 mph zone. Records said his blood alcohol level was .201.

Durkin was booked into the Spokane County Jail but was released on his own recognizance. He entered a not guilty plea and the judge order him to abide by set release conditions.

KREM 2 learned this is not the first time he's been arrested for a DUI. In March 1995, Durkin was also arrested and charged with driving while intoxicated. In December 1995, the DWI part of the case was dismissed. Durkin was found guilty of negligent driving and reckless endangerment.

At the time, the judge sentenced him to 180 days suspended, which likely means he did not have to serve time behind bars.

KREM 2 reached out multiple times to U.S. Attorney Joe Harrington for a comment about Durkin's criminal charges and his future as a federal prosecutor. Harrington said employees are protected under privacy laws and that he could not comment on personnel matters. He would not say if Durkin was placed on leave or is still working while his DUI case is pending.

Durkin is set to appear in court again on January 19.