SAULT STE. MARIE, Mich. -

A drunken driving case against a state police post commander in Michigan's Upper Peninsula has been dismissed.

WLUC-TV reports a Chippewa County judge on Wednesday threw out the case against Lt. William Smith following an evidentiary hearing. Smith was arrested in July by police in Sault Ste. Marie for operating a motor vehicle while intoxicated following a traffic crash involving a personal vehicle.

The case was dismissed after the judge decided that a test of Smith's blood-alcohol level couldn't be used as evidence in the case. Prosecutors said they were disappointed by the decision.

A message seeking comment from Smith was left Thursday by The Associated Press.

Smith was appointed commander of the Gladstone post in April. He was suspended with pay following his arrest.