To any current or former LEOs or attorneys out there, Please let us know your opinions... Was there enough probable cause for a DUI test? What would you have done if you were the responding PO? What else can we do to correct/add to the report and get the answers we seek?

Here's the story:

My wife was involved in a motor vehicle accident. Both vehicles were totaled, and my wife and the passenger of the other vehicle were taken to the hospital for minor injuries.
My wife was in her lane several yards up the road after completing a turn and the other vehicle which had been approximately 2 blocks away when she turned, was now approaching at a high rate of speed and then crossed the center line and struck her in the center front of her vehicle with the extreme right front corner of his vehicle. My wife's vehicle was pushed & spun back & to the right about 20 yards or more, jumped the curb and came to rest 10 feet from the paved road in grass along a corn field. The other vehicle continued past her vehicle as it was being spun, proceeded another 35 yards beyond where her vehicle came to rest, also jumping the curb and then came to rest in the grass along the same field, also 10 feet from the paved road.

My wife saw the other driver rumaging around in his vehicle, but was more focused on calling for emergency response than about trying to figure out what he was up to at the time.

When the responding officer "questioned" my wife all he did was say, "What happened?" She was extremely upset, and in the back of an ambulance being checked by EMT's at the time, so she gave a very brief description of the incident, thinking that she would be talking with the officer in more detail at a later time after recieving medical attention.

After she was released from the hospital we went back to the scene and found three still cool (this was a hot July day) half empty open beer cans where the front of the other person's vehicle had come to rest. We called the police to alert them to the involvement of alcohol in the incident and they responded that they had also seen them and that was part of the investigation.

Approximately two weeks later the accident report was finally ready (we had been checking almost every day, and even the records people said it should not have taken that long, but then related that it was probably because the PO was new and had to get his paperwork approved) The investigating officer wrote in the report that "three open 24 oz, cold beer cans were located outside of the driver's side door of unit 2. There was also an odor of alcohol in the vehicle. Upon speaking with operator 2, hesitated that he had been drinking that day around noon but, no strong odor of alcohol was detected on him."
The accident happened at 4PM on a hot July day and the beer cans were in the words of the officer, "cold" So if he had stopped drinking at noon why were they still cold? Also the operator attemped to conceal the fact that he had been drinking by removing the cans from the vehicle and by hesitating when questioned. The officer also went on to remark in another part of the report, that this person was not truthful about applying the e-brake.

There was no DUI test of any kind performed, and the driver was not even cited for open containers.

The accident report description and diagram shows the wrong point of impact on both the road and on the vehicles, and it also defies the laws of physics based upon where & how they show it happening vs where they show my wife's vehicle coming to rest afterward.

An acquaintance on the force said we could have an addendum added to the report to try to correct the diagram & description.

We have gone up the chain of command asking for an addendum and asking why there was no blood, breath or field sobriety test done, and why there was not so much as an open containers citation issued. We have gotten no where with any official at any level in the department. We have been dealing with this since July and it is extremely stressful for my wife and I.

Neither my wife nor the other operator was cited for anything, but the report makes it look like my wife was at fault and we are very much concerned and bothered by the lack of attention paid to the (in our opinion) OBVIOUS fact that the other person was likely drinking and should not have been behind the wheel.

We realize it is too late for the driver to be cited for DUI, but WHAT CAN BE DONE?