HOUSTON -- An on-duty deputy who was killed in a collision was drunk when he died, KPRC Local 2 reported Thursday.

The news was devastating news for the family of Deputy Craig Miller.

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Slideshow: Remembering Deputy Craig Miller

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Miller, 43, was with the Harris County Sheriff's Office for 20 years.

A crumpled metal heap was all that was left of his county vehicle after the fatal collision on the Katy Freeway Feb. 21.

A toxicology report released Thursday showed his blood-alcohol level was .27, more than three times the legal limit.

"We hate that one of our officers reported to duty in this situation, but it's not as embarrassing as it is tragic," Chief Deputy Danny Billingsley said.

In a statement, the family asked for "kind thoughts and prayers."

"Craig's accident and the on-going investigation have raised many questions and inconsistencies," the statement read.

They family said they dispute the finding.

Billingsley said Miller was called to duty unexpectedly, and it was his responsibility to tell his supervisor if he was not able to work. There would have been no penalty.

"We depend on our deputies to let us know when they can't report to work," said Billingsley.

Miller was allegedly going to work surveillance when he collided with a white box truck.

Miller was not wearing a seat belt.

"Right now we have no evidence alcohol played a role in the crash," said Billingsley.

Miller had no criminal history and had never been in trouble with the department.

The driver of the box truck, 56-year-old Jose Vieyra, was arrested and charged with criminally negligent homicide because investigators said he failed to yield to oncoming traffic.

The prosecutor working the case said he would reconsider the charges.

Miller was in a leased car. When the county tried to retrieve black box information from Toyota, they said it was unavailable.

"The day after Toyota said that, I withdrew all Toyotas from the lease fleet," said Billingsley.

Billingsley said the department is not planning on making any other changes.

There is a question about the benefits Miller's family will receive. The family already received an initial $10,000 from the 100 Club and will have access to his retirement from the county, but the rest could be in jeopardy.