ELKHART, Ind. -- Evidence presented against an Elkhart Community Schools bus driver who was suspected of driving a bus drunk has been deemed inadmissible.

According to a release from state prosecutors, the alleged incident happened January 22, 2026. However, prosecutors say neither law enforcement nor the Department of Child Services were notified of the incident in a timely manner. The release says this is despite the school bus driver showing a positive result for alcohol consumption at an outpatient medical clinic shortly after the alleged offense.

The release also noted that one co-worker expressed they thought they smelled alcohol on the driver's breath; however, there were no other witnesses that provided evidence consistent with the initial report. 

Prosecutors also say a breathalyzer test conducted on the scene did not follow state procedures, nor was it conducted on state-approved equipment.

The state says, because of these factors, no charges can or will be filed in this case.