A Calgary police officer has been acquitted of drunk driving after the judge ruled the breathalyzer test violated the officer's charter rights.
Off-duty detective Travis Dunkle was pulled over in a checkstop in January 2009.
He was charged with driving over the .08 legal limit and impaired driving and was 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 Mr. Dunkle has completed a residential treatment program.
It is now up to Police Chief Rick Hanson to determine Mr. Dunkle's fate.