According to a press release from the CHP, Porter pulled up while two CHP officers were contacting a vehicle they had stopped. When one of the officers contacted Porter he smelled alcohol and asked for Porter's license.

According to the CHP, Porter refused to provide his license and began to roll up his window when the officer asked Porter to leave the vehicle. The CHP officer reached into the vehicle and lifted the unlock button and that's when, according to the release, Porter slapped the officer's hand to keep the lock button down.

Porter then exited the vehicle in a "confrontational manner" and the officer drew his ASP, which is a baton. Porter was ordered to the ground but failed to comply and only placed his hands behind his head.

Porter was taken into custody at 1:40 a.m. and booked into the Kern County jail at 2:47 a.m.

The CHP recommended that Porter would be charged with a misdemeanor DUI, resisting arrest and assault on a peace officer, but the district attorney said those charges will not be filed.

Pafford said, "Based upon the review of the report, including the DUI, the battery, the resisting arrest. We just don't feel that the jury would be able to find Mr. Porter guilty beyond a reasonable doubt. So we will not proceed."

There have been reports that the arresting officer's history with a DUI played a factor in the district attorney's office not continuing with the charges, but Pafford said, "We did not consider his past in any way, in making this decision, so anything that had been publicized in the media was not a factor in our decision."

Porter, an 11-year veteran, recently signed signed a three-year, $17.5 million deal with the Arizona Cardinals. He also has played for Pittsburgh and Miami.