Officer lets DWI go, driver hits someone after, what's the charge for the officer?

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If it's criminal, can anyone link a case/news story for something like this.

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Say he tested the driver and the driver failed

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The injured pedestrian plaintiff’s suit alleged several claims against the officers and the City, but the case turned on whether the failure to stop the drunk driver was a deprivation of the injured plaintiff’s due process rights. This appears to have been a creative attempt by the plaintiff to recover damages for his injuries, but well-established case law should have foreshadowed the outcome. In particular, the U.S. Supreme Court’s decision in DeShaney v. Winnebago County which held “a State’s failure to protect an individual against private violence simply does not constitute a violation of the Due Process Clause.” The District Court set out the test for determining whether an individual could sue as an exception to the general rule in DeShaney. In order to bring a claim under the “state created danger” exception, a plaintiff must show: (1) an affirmative act by the state that either created or increased the risk that the plaintiff would be exposed to an act of violence by a third party; (2) a special danger to the plaintiff wherein the state’s actions placed the plaintiff specifically at risk, as distinguished from a risk that affects the public at large; and (3) the state knew or should have known that its actions specifically endangered the plaintiff. Under this test, it seems fairly clear that a police officer cannot be held responsible for failing to arrest a drunk driver.

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