Bibb County sheriff's deputies allowed Superior Court Judge Howard Simms to drive home Sept. 22 after a breath test showed he was just over the legal limit.
The Telegraph of Macon reports that police didn't write a report or perform additional tests.
Bibb County Solicitor Otis Scarbary said he and another prosecutor met with police to discuss the case. But he said there are no reports or statements. Sheriff Jerry Modena said additional reports and tests might have helped build a case.
Two deputies were reprimanded and suspended after the incident. Simms said in an earlier statement that he was seeking treatment for an alcohol addiction.