An eyewitness called 911 on Aug. 8, to alert Bonney Lake police to what she suspected was a drunken driver.

CALLER: "I am behind a guy who is all over the road."

The driver of the vehicle was the chief of the Pacific Police Department, John Calkins, who was stopped and arrested on suspicion of drunken driving.

At his arraignment, Calkins' attorney said his client’s arrest was illegal and that the 55-year-old police chief was not intoxicated.

“The police reports will indicate his driving was perfect. So there was no justification for the stop,” said Calkins’ attorney Ken Fornabai.

The 911 operator asked the caller to describe Calkins' driving as he was driving west on state Route 410 that night.

CALLER: "I've been following him this whole time and he was doing that whole, over the shoulder and then go..."

911 OPERATOR: "Lane control?"

CALLER: "Back over the center line, yeah. He was just not driving straight in the lane and he was going from side to side to side to side."

When Calkins was stopped, he refused a field sobriety test and to give a blood sample.

Fornabai said Calkins was not allowed to take a Breathalyzer test because the officer didn't know how to conduct one on Calkins, who has a stoma used for cancer treatment. When asked about the blood sample, Fornabai said Calkins refused because "he had the right to." Bonney Lake police and prosecutors said there is enough evidence based on the officer's observation and the eyewitness.

911 OPERATOR: "Are you willing to file a complaint as to what you witnessed?"

CALLER: "I totally am willing to do that."

Fornabai said Calkins was not intoxicated when he was arrested on suspicion of driving drunk.

Bonney Lake police said Calkins smelled of alcohol and had slurred speech at the time of his arrest.

If Calkins is convicted, he could face jail time.

Previous Stories: August 13, 2008: Pacific Police Chief Enters Plea In DUI Case August 7, 2008: Pacific Police Chief Arrested On Suspicion Of DUI