The chemical analysis of Preston’s breath registered only .03 percent, below the threshold level of .05 percent necessary to prosecute someone for DUI, according to officials with the 10th Judicial Circuit Office.
Preston was charged last month after a deputy pulled him over on Highway 24 at O'Neal Ferry Road in Anderson.
A sheriff’s office incident report said he was pulled over for “failure to maintain lane of travel.
The report also said Preston complied with several field sobriety tests.
Preston also submitted to a urine sample for the presence of any drugs, and the state Law Enforcement Division analysis came back negative for all drugs tested except Ibuprofen, which is not recognized to be an impairing drug, according to the solicitor’s office. Ibuprofen can include Advil, Motrin or Nuprin.
South Carolina Code of Laws Section 56-5-2930 states that “if the alcohol concentration was at that time five one-hundredths of one percent or less, it is conclusively presumed that the person was not under the influence of alcohol.”
Preston has been one of the most controversial figures in Anderson County politics in recent years. In 2008, he left the county’s employment after receiving a $1.14 million severance package and a GMC Yukon.