Bronx assistant district attorney Jennifer Troiano, arrested in August 2010 for driving drunk and causing a three-car crash on Major Deegan Expressway, will get to keep her driver’s license, the New York Daily News reports, even though she refused to take a Breathalyzer test after her arrest.

At the time of the arrest, Troiano admitted having had drinks but wouldn’t take a Breathalyzer test, according to the Daily News’ story, so her license was automatically suspended until her court date. The Daily News obtained the transcript to the December hearing, and it appears the judge found fault with the arresting officer, who could not explain how the officers decided Troiano was drunk without a Breathalyzer.

Troiano’s suspension was lifted, but she’ll still go on trial for the DWI charges.