DALLAS, TX - Was off-duty Dallas police officer, Kelly Beemer shielded by her badge? The officer was captured on dash cam video being carried to a squad car by two colleagues, after a night of drinking. Officials say Beemer was drunk, but she was not arrested for public intoxication.

In the video, the officer releases a profanity-laced tirade against the officer trying to drive her home. She then fires a shot from a gun in an ankle holster into the floorboard. On the tape, officers can be heard yelling, "Kelly, drop the gun."

The 27-year old veteran who has been with the force three years, was sent home to sleep it off. She was arrested the next day and charged with a misdemeanor weapons violation.

Critics say the officer was given special treatment because she is employed by the police department.

"Instead of taking her to jail as the officer would have done with any regular citizen, he was giving her a ride home courtesy of the taxpayer," Jonathan Apgar, a Dallas attorney said.

Apgar represents dozens of clients arrested for public intoxication. He says in many cases his clients were arrested on flimsy evidence, that didn't come close to the videotape proof against Beemer.

"Many of my clients were arrested because an officer smelled alcohol on them. They were not intoxicated and not posing a danger."

In a statement, Deputy Assistant Chief, Charles Cato says he made the decision to hold off arresting Beemer until evidence could be gathered to make a decision about what charges would be proper. It is a decision supported by some city leaders.

"He knows the person and what is happening and he knows he will have to reprimand that person," Deputy Mayor Pro Tem, Dwaine Caraway, said.

Dallas police have been in the process of reworking the public intoxication policy. Police say they may include better screenings, like a field sobriety test. But, so far critics say the change has been slow.

"The policy hasn't changed. People are still being rounded up and thrown in jail, based on flimsy evidence," according to Apgar.

Beemer remains on administrative leave. Two other officers have been placed on restrictive duty.