DA says no DUI charge for cop found passed out in car; officers gave him special treatment

Colleen Slevin | Associated Press

DENVER — A suburban Denver police officer who admitted to drinking after he was found passed out in his patrol car will not be prosecuted for drunken driving because of a lack of evidence that the district attorney on Thursday blamed on fellow officers giving him special treatment.

In announcing his decision not to prosecute Officer Nate Meier, 18th Judicial District Attorney George Brauchler said the police's decision to treat the March 29 incident as a medical case rather than a DUI investigation — despite some officers smelling alcohol — prevented him from having the evidence he needed to convince a jury to convict him.

He said police actions did not amount to a cover up because evidence was not destroyed or hidden but he said their actions were "a couple of blocks" from one.

"I do think he beat the system. I just think it was part of the system that helped him do it," Brauchler said of his decision, which was first reported by KCNC-TV.

Watch: Police chase car on Super Bowl parade route in KC

Watch: Viral video shows police penalizing drivers for honking at red light

Tests done after Meier was taken to a hospital by ambulance showed he was significantly intoxicated with a blood alcohol level of 0.43, Brauchler said. Meier later told internal police investigators that he had been drinking vodka at home before driving, according to police documents.

However, since the blood tests were done for medical reasons and not as part of a criminal DUI investigation they are protected by medical privacy laws and could not be used at a trial, Brauchler said. The internal affairs admissions could also not be used under legal precedent barring the use of compelled statements from law enforcement officers during investigations by their departments, he said.

Brauchler said his decision not to prosecute Meier had nothing to do with him being a police officer, pointing to 13 cases in which he has pursued drunken driving charges against law enforcement officers, including several from Aurora, since he took office in 2012. He also said he has experienced great cooperation from Aurora police — the largest police department in his district — in the past, and believes this case was an aberration.

Aurora police did not have an immediate comment on Brauchler's statements.

Former U.S. attorney John Walsh is conducting a review of the case at the request of city officials. The probe was announced in December and the findings will be made public.