With his 7-year-old son looking out the back of his SUV, an Alpharetta City Councilman was arrested Saturday night and charged with DUI.

Police say Michael Cross was seen weaving across the road. The police officer that pulled over Cross says the city councilman smelled of alcohol.

Cross, 38, did not take a field sobriety test or a breath analyzer test. He claims police did not have probable cause.

Under Georgia’s Implied Consent Law, drivers charged with DUI must consent to sobriety tests or risk the loss of their driver’s license for one year.

Cross is charged with DUI, endangering the life of a child, improper child restraint and failure to maintain lane. He was released on bond early Sunday.

Cross’ attorney Michael Penn says his client was not drunk and plans to challenge the charges.

“As an elected official for Alpharetta and a representative for the citizens of Alpharetta, he is quite apologetic that this even happened at all,” Penn said. “Michael’s a family guy, a church-going guy. … He’s not somebody who would endanger his child, himself or other people on the road.”

Cross is a lawyer himself. He has been serving on the City Council since 2011. He previously served as chair of the Alpharetta Downtown Development Authority and is a founding member of the board of directors of the Alpharetta Public Safety Foundation.