A Calgary police officer has been acquitted of drunk driving after the judge ruled the breathalyzer test violated the officer's charter of rights.
Off-duty detective Travis Dunkle was pulled over in a checkstop in January of 2009.
He was charged with driving over the .08 legal limit and impaired driving, but he's been found not guilty of both charges.
The judge ruled there wasn't enough evidence at the scene to demand a breath sample.
John Dooks, Calgary Police Association President, says the acquittal should not reflect poorly on the officer who made the arrest.
"This is not a case of where an officer did a bad job in arresting somebody," commented Dooks. "We have a case where an officer on reasonable and probable grounds believes that a person is impaired. He completes his duty by arresting this person and requiring him to submit to a breath test. It's not up to the police officer to convict the individual as we all know."
Dooks says Dunkle has completed a residential treatment program.
It is now up to Police Chief Rick Hanson to determine Dunkle's fate.
He could face internal discipline.
This was Dunkle's third criminal charge in three years.
