BROOKLYN - Former Brooklyn Rep. Vito Fossella pleaded guilty Monday to driving under the influence.

The ex-congressman had been expected to appeal a misdemeanor conviction stemming from a May 1, 2008 incident in a Virginia suburb of Washington, D.C. He will now serve five days in jail.

Fossella says he decided to drop his appeal after the April 9 death of Los Angeles Angels pitcher Nick Adenhart, who police say was killed by a drunken driver.