Valley County Sheriff Lewis Pratt faces a Feb. 5 jury trial after pleading innocent to a charge of drunken driving.
The sheriff, who by February will be out of office, was charged after an Aug. 11 incident when he was stopped by officers about 3 a.m. while driving in a McCall alley.
Pratt was defeated for the Republican nomination in the primary election and leaves office in January. A deputy, Tommy Rhea, won the GOP primary and has no Democratic opposition in the general election.
Local officials have disqualified themselves from the case. The complaint was signed by Ada County Prosecutor Greg Bower and Magistrate Judge Richard Grant, also from Ada County, will hear the case.
Pratt has maintained his innocence, saying he complied with state laws pertaining to traffic stops for driving under the influence and consented to a breath analysis.