A 31-year-old man was cited Monday after being stopped near Brawley and Weber avenues for unsafe speed, using a cell phone while driving, and straddling lanes, the Fresno Police Department told GV Wire.

Officers said he displayed signs of alcohol impairment and failed a series of field sobriety tests.

A chemical breath test showed blood-alcohol levels of 0.28% in both samples.

Police cited him instead of making an arrest and released him to his girlfriend. Police said that his car was impounded after his release.

When asked why the driver was not arrested, police said it is up to an officer’s discretion whether a DUI results in an arrest or a citation. 

According to the arrest record, the driver was cited for multiple infractions, including unsafe lane changes, unsafe speed, using a handheld device while driving, and DUI-related misdemeanors, including DUI with a BAC over 0.08% and DUI with probation.