Instead, police cited 42-year-old Scott Goldman with public drunkenness.
Authorities said they issued the citation after responding to reports of a drunken man walking in the middle of the road about 2 a.m. Saturday.
Lt. Aaron Lauth said Goldman was arrested, cited, then released to a friend because police believe he posed a safety risk to himself or others.
Goldman said he was taken into custody on his property and said, "I thought I was doing the responsible thing by walking home."
Goldman was elected last November and said he doesn't plan to resign.