by Cliff Judy
Wichita Police say they believe the man that hit Eyewitness News Reporter Alana Rocha's car early Saturday morning was drunk. Now, the question is should that driver have been behind a wheel at all?
Rocha remains in the hospital in critical condition.
Police records show the 39-year-old man was arrested last July after a hit-and-run accident on West Pawnee. The records show police suspected the man was under the influence of alcohol, but he refused a breathalyzer test. Normally under Kansas state law, refusing a breath test means your driver's license is suspended for a year.
Police presented the case to the Sedgwick County District Attorney's Office in December, but charges have not been filed yet.
District Attorney Nola Foulston tells us her office works on hundreds of D.U.I. cases at a time. She says when police present a case, it's not a completed investigation. The D.A.'s office has to do more of its own investigating before the case goes to court.