Heather Locklear: DUI Case a D-U-D?

Don’t call Heather Locklear’s DUI arrest a relapse—at least not for now.

The Santa Barbara District Attorney’s Office hasn’t yet filed charges against the recently troubled actress, and new witness testimony makes the possibility of them doing so increasingly unlikely.

First news broke that the “concerned citizen” who initially reported a “tipsy” Locklear to the police was actually a former Us Weekly employee who subsequently sold photos of the arrest.

And now, a new witness has stepped forward to say that Locklear “did not seem to be drunk at all” during the time in question, reports E! Online.

Santa Barbara resident Alex Paillon, who saw Locklear at a shopping center just moments before the arrest, says, “She seemed to be acting normal, totally normal. She was just really messy, but not drunk…I was really surprised to hear she got a DUI because, I mean, I just saw her coming out of the store. She looked fine.”

The California Highway Patrol admits that there was no sign that Locklear had excessively consumed alcohol at the time of the arrest, but the District Attorney’s Office is awaiting the result of drug tests before deciding to proceed—or not.

“Toxicology is one piece of information that I want to have in hand before I review the case,”says Deputy District Attorney Lee Carter. “Obviously, I want as much information as I can get before I can review the case for any filing, if there is going to be a filing.”