A Milwaukee police officer was fired last week after showing up to the shooting range drunk while on-duty and firing his department-issued firearm.
But Joel J. Swieciak should have been arrested under Wisconsin law that makes it a misdemeanor to operate a gun while under the influence.
After all, Swieciak, 29, was too drunk to legally drive with a blood-alcohol level of .104, almost a third over the legal limit of .08.
The incident took place on September 10 at the Milwaukee Police Training Academy.
Firearms instructor, Officer Melissa Takacs, noticed Swieciak was "lethargic, with droopy eyelids" and had abnormally steady hands and decided to report it to a sergeant once she smelled alcohol.
The sergeant then proceeded to pull Swieciak out of the classroom and made him take a Breathalyzer test.
"How could that be?" Swieciak asked the sergeant, according to Milwaukee Journal Sentinel.
Swieciak then proceeds to ask if it was possible that mouthwash could of given that reading.
Swieciak refused to take a blood test, which forced the department to get a warrant before taking blood.
The Milwaukee officer has since been fired for violating the department's code of conduct.
But his Blue Privilege is probably why he has not been charged under Wisconsin statute 941.20 (1) (a), which states that it is a misdemeanor for anybody who "operates or goes armed with a firearm while he or she is under the influence of an intoxicant."