Santa Barbara Police DepartmentFor the time being, Heather Locklear is in the clear.
With the police investigation over, the Santa Barbara District Attorney Office is reviewing the evidence, but "no charges have been filed yet" for the actress' weekend DUI bust, Deputy District Attorney Lee Carter tells E! News.
The former Melrose Place predator was arrested last Saturday on suspicion of driving under the influence. The California Highway Patrol was alerted by what the incident report calls a "concerned citizen," who, it turns out, is a former Us Weekly staffer who subsequently sold photos of the arrest. In the 911 call, the tipster claims Locklear seemed tipsy. (Listen to the 911 call.)
However, a new witness has stepped forward and tells E! News exclusively that Locklear "did not seem to be drunk at all."
"She seemed to be acting normal, totally normal. She was just really messy, but not drunk," says Santa Barbara resident Alex Paillon, who spotted Locklear in a shopping center moments before her arrest.
"I was really surprised to hear she got a DUI because, I mean, I just saw her coming out of the store," Paillon continues. "She looked fine."
While the CHP says there was no sign Locklear, 47, had consumed excessive amounts of alcohol, a "drug recognition expert" told officers she appeared under the influence of an unspecified drug. She was tested and prosecutors are awaiting the results.
"Toxicology is one piece of information that I want to have in hand before I review the case," explains Carter. "Obviously, I want as much information as I can get before I can review the case for any filing, if there is going to be a filing."
Locklear, who had been spending a getaway weekend at the luxury San Ysidro Ranch with boyfriend Jack Wagner, has since returned to her L.A.-area home. She has yet to comment on the arrest.
Meanwhile, an attorney for Jill Ishkanian, the former Us Weekly reporter and current head of the Sunset Photo & News agency, has said his client did nothing wrong by following Locklear, phoning in the DUI allegation and then taking photos of her sobriety test. The images were eventually snapped up by TMZ for $27,000.
As for the D.A., Carter says he expects a decision will be made within the next two to three weeks on whether to file charges. "This case is being handled just like any other case of this type," he adds.
And if you know anything about the case, Carter would love to hear it.
"I will consider all information that is submitted to me in making my filing decision," says Carter. "So if you come up with any other information, please submit it to me, and I will consider it in my filing information."
(Originally published Oct. 1, 2008, at 5:34 p.m. PT.)