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LEE COUNTY, Fla. - A Lee County deputy is fired after being arrested for DUI.  Investigators say he struck another vehicle while driving his marked patrol car but he was never convicted. Four in your Corner's Mike Mason finding out why.

Deputy Patrick Milosevic was fired after a 2 month long investigation but the outcome of this case is now raising some serious questions.

Bill Sumner doesn't have a lot of respect for Deputy Patrick Milosevic.

Bill Sumner: "He was on something, either drinking or some kind of medicine something was wrong."

On May 9th, Sumner and his family were driving down Bayshore Road in North Fort Myers when they saw Milosevic driving his patrol car, swerving all over the road.

Bill Sumner: "I had my daughter with me in the car and my big concern was he was going to hurt somebody."

Milosevic then pulled into this Walmart off Pine Island Road, slammed in to a parked pickup truck and got out of his car.

Bill Sumner: "When he walked around the back of his car he stumbled over himself and fell on the ground and got back up."

Sumner then called 9-1-1. Reports show FHP arrived and conducted a field sobriety test which Milosevic failed. Reports show, the "Trooper says he then observed Milosevic nearly fall over as he stood up, sway front to back while standing and he spoke with slurred words."

Milosevic was then arrested for DUI.  At the jail, the Sheriff's Office ordered him to submit a urine test. Milosevic admitted to taking prescription narcotics and the report showed: "The levels registered in the urine sample were “very high” and were indicative of possible prescription medication abuse."

The Sheriff's Office says Milosevic failed to prove he was ever prescribed the medication.

Lt. Larry King: "He didn't have an active prescription for the medication that he had ingested, he could not provide proof that he had had it in the past."

Since Milosevic did not willingly give the urine sample the State Attorney's Office says it can't be used as evidence. So Milosevic was never convicted of DUI despite failing the sobriety tests. It’s something that doesn't set well with Sumner.

Bill Sumner: "To me that shows double standard, that means double standard in my opinion."

Milosevic was fired for ‘Conduct unbecoming an officer’. The Sheriff's policy is to take urine tests if any deputy is arrested for DUI but when Milosevic was asked to submit to another test that could be used as evidence in court he refused.