A driving under the influence charge against a Chattanooga police lieutenant has been dismissed Thursday, according to the Hamilton County District Attorney's Office.
Lt. Joseph Carpenter, who was off duty at the time, was arrested in mid-October after a state trooper pulled him over for speeding, crossing the yellow line on the left side of the road and driving with his headlights off at 1 a.m.
In dash camera footage showed in court during a preliminary hearing, Carpenter is seen losing his balance while performing one field sobriety test, Times Free Press news partner WRCB-TV reported.
Carpenter told the trooper he drank two beers that night, and he failed several field sobriety tests before being placed under arrest.
But a standard test later revealed his blood-alcohol content was .06%, district attorney spokesman Bruce Garner said. In Tennessee, a person's BAC must be .08% or higher to be considered legally impaired.
For that reason, Garner said, Carpenter's DUI charge was dismissed Thursday morning in Judge Christie Sell's courtroom.
Carpenter remains on modified duty pending the outcome of an internal investigation.
While an individual may still be convicted of driving under the influence with a blood alcohol content of less than .08%, "there must be other factors, such as weaving, driving the wrong way, crashing, etc.," Garner said by email. "In this case, there was not enough evidence to prove impairment.
For that reason, he said, Carpenter's DUI charge was dismissed Thursday morning in Judge Christie Sell's courtroom.
Carpenter remains on modified duty pending the outcome of an internal investigation.
Carpenter's attorneys released a statement following the charge dismissal.
"Mr. Carpenter was on his personal time and not on duty," attorney Lee Davis wrote. "He acted responsibly, drank modestly, and cooperated fully."