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An off-duty Williamson County sheriff's deputy stopped by police this month smelled of alcohol, but was not arrested because he refused a field sobriety test and officers could not prove he was legally drunk, according to police reports.
Deputy Craig Ferguson was driving home from Hooters in Round Rock, where he drank a "couple of pitchers" of beer and hung out with lieutenants and other "high on the hog" personnel, when Sgt. Nathan Zoss noticed him weaving in a black Toyota Tacoma on Louis Henna Boulevard, the police reports show.
The officer called the deputy's supervisors to the scene and an internal affairs investigation into his actions is ongoing, said John Foster, a spokesman for the department. Foster said investigators will interview other department employees who were at Hooters.
Foster said Ferguson could not comment while the investigation is pending.
The police reports and a video from Zoss' patrol car obtained through the Texas Public Information Act detail what happened after Zoss pulled Ferguson into the parking lot of a Target store about 12:30 a.m. Feb. 6.
When Ferguson pulled out his driver's license, Zoss saw his badge and discovered he was a sheriff's deputy. Zoss could smell alcohol on Ferguson's breath and asked him to step out of the truck and take field sobriety tests, such as standing on one leg and walking in a straight line.
The video shows Ferguson stumble as he got out of the car, and officers ask him to submit to a field sobriety test.
"I'm not going to do any of that," Ferguson told the officer.
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