next tonight here, a colorado police officer found passed out at the wheel of his patrol car in uniform will not face dui charges. tonight, why the d.a. says he's frustrated with police. here's abc's clayton sandell. >> reporter: tonight, no charges against an aurora, colorado, police officer found passed out drunk in his patrol car. >> he's a little intoxicated. >> reporter: but officer nate meier will not be prosecuted for dui, because the d.a. says police failed to investigate one of their own, despite the smell of alcohol. a deputy chief said he believed the officer had a medical condition and "erred on the side of protecting" meier. police never tested his blood. but the hospital did, finding the officer's alcohol level more than five times over the legal limit. >> if one of us had been in that car and not officer nate meier, you ask me, do i think it would have been treated differently?