Trooper beats drunk driving charge, may lose job

(FOX25 / MyFoxBoston.com) - A disgraced state police captain beat a drunk driving charge in court, but he may still lose his job.

On Thursday, a clerk magistrate dismissed the OUI charge against 47-year old Thomas McCarthy who was arrested in November by Saugus police after a short chase.

At the time, officers said the captain smelled of alcohol and had an open container in his state-owned car.

However, the court said police failed to give McCarthy a breathalyzer or conduct a sobriety test.

McCarthy remains suspended without pay.

State police officials say the drunk driving charge and reports from Saugus police will be used in the internal investigation against McCarthy.