Alexandra Kerry’s DUI arrest was big news last week. Her father, Sen. John Kerry, initially defended his daughter and it seems like his defense was within good reason.

Alexandra Forbes Kelly had a .06 blood alcohol level when she was pulled over in Hollywood. The legal intoxication blood alcohol level in California is .08

“We reviewed the arrest report and have declined to file criminal charges due to insufficient evidence,” says L.A. City Attorney spokesman Frank Mateljan.

At the time of her arrest, Alexandra wasn’t driving recklessly, she was pulled over for an expired registration, her father’s spokesperson said.