According to KERO-TV, the California Highway Patrol recommended that Porter be charged with a misdemeanor DUI, resisting arrest and assault on a peace officer. However, the DA's office will not file those charges because it believes there's a "reasonable likelihood" that Porter wouldn't be found guilty, supervising deputy district attorney Mark Pafford told The Arizona Republic and other news outlets.
This case might not be over, though. Porter has accused a CHP officer of striking him during the arrest Saturday morning, according to the Bakersfield Californian.
CHP Sgt. Larry McGuire told the Californian that Porter's claim is under investigation. However, there's no internal-affairs charge pending against Officer Jeritt Greer, who arrested Porter.
The Californian reported that Greer has a pending drunken-driving charge against himself stemming from an October arrest, according to the Kern County Superior Court Web site.
The CHP says Porter, 33, was confronted by officers early Saturday in the parking lot of a quick-service restaurant. Porter refused to provide his driver's license and began to roll up his window when asked to leave the car. Police say that when an officer reached to unlock the door, Porter slapped the officer's hand.
Porter eventually got out and complied with orders, placing his hands behind his back. He and a passenger were arrested.
Porter's agent, Daniel Rodriguez, had claimed his client didn't strike the officer and that the linebacker was below the .08 legal limit.
The Associated Press contributed to this report.