UPDATE: DUI charges against CPD officer dismissed by judge
UPDATE: A judge has dismissed the charges against Lieutenant Joseph Carpenter after his breathalyzer test showed that his blood-alcohol level was below the legal limit.
The IA process will proceed and Carpenter remains on modified duty pending an internal investigation.
PREVIOUS STORY: Dash camera video shows the moments a Chattanooga Police officer, who was charged with a DUI, was pulled over and arrested by a Tennessee state trooper.
Court documents say Lieutenant Joseph Carpenter, was driving with no headlights on East MLK Blvd on October 13th when a state trooper saw him and followed him onto US-27.
That's where the trooper says he observed carpenter driving more than 20 miles over the speed limit and swerving.
In the video, the state trooper appears to be trailing behind carpenter, while his speed looks to increase.
Moments later, that trooper pulls him over.
"The reason I'm stopping you is back there, I paced you at 65 miles per hour and it's a 45 mile per hour zone," he told Carpenter.
After checking his license and insurance information, the trooper asked Carpenter to step out of the car and whether he had a weapon on him.
He replied 'yes' and followed orders to remove it from his ankle.
The trooper asks if he'd been drinking where he admits to having a few beers.
"Have you had anything to drink tonight?" the trooper asked.
"I've had two beers," Carpenter responded.
The trooper then asks him to perform a series of field sobriety tests, which lasts about 10 minutes.
"What I'm going to have you do is take nine steps in front of you and count each step out loud," the trooper instructed.
When asked to walk in a straight line, he appeared to sway at first.
Court documents say Carpenter was unable to maintain his balance without raising his arms during the tests.
Finally, the trooper tells Carpenter he believes had too much to drink and reluctantly arrests him.
"I can't let you drive," the patrol trooper said.
Carpenter responded telling him to "do what he (had) to do".
Carpenter appeared in front of a judge two weeks later where a prosecutor said his blood alcohol content was below the legal limit.
He's set to appear in court next month where they hope to get more details from the trooper who arrested him.
Carpenter's employment status with CPD has now changed from paid administrative leave to modified duty.
PREVIOUS STORY: Channel 3 is learning more about an arrest involving a lieutenant with the Chattanooga Police Department.
Joseph Carpenter appeared in court for the first time on Monday, accused of driving under the influence while off duty.
The hearing was short, lasting for about a minute but Prosecutor Darren Gibson revealed there's more to the story.
"The BAC was significantly under the legal limit," Gibson told the judge.
Carpenter was pulled over earlier this month after a state trooper saw him driving without headlights on East Martin Luther King Boulevard.
The trooper wrote in a report, he saw Carpenter cross the yellow line and recorded him driving 67 in a 45 mile per hour zone.
Once stopped, Carpenter told the trooper he had two beers to drink.
A report states Carpenter failed a field sobriety test.
But during Monday's hearing, the prosecutor said a breathalyzer was also performed and Carpenter's blood alcohol level was significantly under the legal limit.
It's unclear exactly what his BAC level was or why that information was left out of the report.
Now, the prosecutor says he wants to learn more from the trooper who made the arrest.
"Nevertheless the state wants to be able to talk to the officer because there's a fairly decent speeding amount," Gibson added.
The judge agreed.
All sides will report back to court next month.
Carpenter has been placed on paid leave since the arrest.
Stay with Channel 3 for updates on this story.
PREVIOUS STORY: The Tennessee Highway Patrol arrested Chattanooga PD Lieutenant Joe Carpenter for driving under the influence overnight on October 13.
According to an affidavit, Carpenter was traveling westbound on MLK Boulevard without his car's headlights turned on.
A THP officer caught up to Carpenter when he turned onto US Highway 27 northbound.
The officer witnessed Carpenter speeding 67 mph in a 45 mph zone and crossing the road's yellow line.
Carpenter was pulled over near the Signal Mountain Road exit.
The officer noticed Carpenter had the smell of alcohol, bloodshot eyes, and slurred speech.
After conducting a field sobriety test, Carpenter was arrested.
Carpenter is on paid leave pending the outcome of a criminal and internal affairs investigation, according to Chattanooga PD's Elisa Myzal.