Grand Old Police Blotter: Drink Two For The Kipper

The first G.O.P. arrest of 2012 involves Georgia drug warrior Kip "I Have A Wanker's Nickname" Smith:

Atlanta police Officer Z.A. Kramer, who was following the lawmaker’s 1998 gold four-door Jaguar XJ8, said the traffic light had just turned red when Smith went through the intersection at Pharr Road.

Kramer said he informed Smith, who was traveling alone, why he was stopped, and the lawmaker told him he didn’t realize the light was red.

“I observed the odor of an alcoholic beverage coming from Mr. Smith’s breath,” Kramer said in his report. “He advised me he was a state representative and gave the name ‘Kip Smith.'”

Smith, whose given name is John Andrew Smith, first told the officer he had not consumed any alcoholic beverages.

“I asked him again, and he stated he had consumed a single beer at Hal’s. I noticed also that Mr. Smith’s eyes were watery, and I asked him to exit the vehicle, which he did,” Kramer said in the report.

Smith told the officer he’d had the beer 45 minutes earlier, and the officer asked him to blow into a hand-held “intoximeter”. The officer said the lawmaker refused, stating he would prefer to go to a clinic or the hospital to get tested.

The officer told Smith that was done only after an arrest, and that Smith had not been placed under arrest, but Smith “seemed to be having a difficult time understanding what I was trying to explain to him,” the officer said in the report.

The officer said Smith finally agreed to blow into the device. The report stated that Smith blew a .091., which is above the legal limit of .08.

...

He was given two more breath tests, and Smith blew a .099 and then a .100, “well over the legal limit,” the report said.

The Republican souse is the co-sponsor of a bill requiring that welfare recipients be tested for the use of drugs which don't cause users to blow through intersections while operating deadly machinery.

My only question: Why no obstruction of justice charge?