He can't be charged now.
The collection of evidence for alcohol and/or substance abuse was not allowed to be done by someone.
The person responsible for permitting this illegal decision should be investigated and fired. The buck must stop somewhere...
Sad to say, but under the US Constitution the police supervisor made the right call. Congress was in session. It would be illegal for them to detain Patches after he tells them he is on the way to Congress for a vote or a debate. The Police were not even allowed to question him.
I don't much like it, but there it is in Article 1 Section 6. Of course, Patches should have been enough of a man to take his medicine instead of hiding behind this technicality... but we all know that was never going to happen. He's a Kennedy, and Kennedy's always pull every possible string to get themselves out of trouble.
The media was one of the prime movers in enacting the new DWI laws, now they protect certain people from those laws.