Fire Official Not Charged With DUI, Even Though Crash Believed To Be Alcohol-Related

(CBS) – The Chicago Fire Department confirms its newly resigned deputy fire commissioner failed a sobriety test the morning he crashed his government-issued SUV into a pole.

It happened Wednesday morning on Lake Shore Drive.

Officials say John McNicholas has not been charged with DUI, even though he failed a breathalyzer test. He has been issued a ticket from Chicago police for negligent driving, a fire department spokesperson said.

"Yesterday, McNicholas opted to resign his position as Deputy Fire Commissioner and has since agreed to full separation from the Fire Department," the spokesperson said in a statement released Thursday.

One fire captain earlier this week told CBS 2 McNicholas received special treatment.

An investigation continues.