TWIN FALLS, Idaho (KMVT/KSVT) — The Twin Falls County Prosecutor has accepted the resignation of a deputy prosecutor after her arrest related to an alleged DUI.

Twin Falls Police arrested a Michelle Agee on suspicion of driving under the influence after an Uber driver called in a reportedly intoxicated woman getting in her car.

According to a probable cause affidavit, Michelle Lynn Agee, 28, faces a misdemeanor DUI charge after two breath samples indicated a BrAC of 0.141 and 0.154 following arrest Thursday.

Twin Falls County Prosecutor Grant Loebs said in a statement Wednesday that Agee was hired in 2017 and has worked as a deputy prosecutor since.

“Ms. Agee was a good attorney and a hard worker,” Loebs said in a statement, “but I cannot allow any individual employee to detract from the mission of this office—to do justice and protect the community. DUIs are some of the most dangerous crimes we prosecute and we take them very seriously.

"Prosecutors, like other law enforcement officers, know that they are held to a higher standard, and when they fail to meet it, they know there will be employment consequences, in addition to those required by the judge.”

The Idaho Bar Association website listed Agee as the secretary/treasurer for the Fifth District Bar Association.

Court documents said on Thursday night, an Uber driver waved down a police officer in the parking lot of Canyon Crest in Twin Falls. The Uber driver told police he dropped off the woman at her car and believed she was intoxicated and was about to drive home.

The officer reported seeing the car drive around the parking lot and come to a stop behind the patrol car. The officer identified the driver as Agee by her driver’s license. The officer said he could smell an odor of alcohol coming from the car and noticed Agee had bloodshot and watery eyes. The officer also witnessed slurred speech. Agee reportedly denied having any alcoholic beverages that evening.

The officer instructed Agee to get out of the car for a standardized field sobriety test, which the officer said decision points for arrest were met. Court documents said during an observation period, Agee reportedly burped and vomited multiple times. After several observation attempts, police took Agee to the Twin Falls County Jail for a blood draw. After a completed observation period, police say Agee provided the two breath samples.

The Twin Falls County Sheriff’s office said Agee was not booked into jail and court records say Agee or a legal representative will have to appear for a “counter arraignment” before April 5.

Loebs said the Twin Falls County Prosecutor’s Office will not be handling the case. Loebs said that will likely be determined by the city prosecutor.

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