(Photo Credit: Gilbert Carrasquillo/Getty Images)

" The Hurt Locker" star Anthony Mackie was arrested this weekend in New York City and charged with suspicion of DWI, an NYPD spokesman confirmed to ABC News today.

He was stopped while driving his 2010 Dodge Challenger in Harlem Saturday around 1 a.m. after an officer observed he had illegal tinted windows.

The actor, 35, had a "moderate" smell of alcohol on his breath and "watery, blood shot eyes," according to an arrest report.

He refused a Breathalyzer test.

Mackie is set to star in both "The Avengers: Age of Ultron" and " Captain America: Winter Soldier" as superhero the Falcon.

It's unclear whether he has entered a plea, but his next court date is Dec. 19, according to The Associated Press.