Shia LaBeouf isn’t facing DUI charges after his car accident back in July.

The Los Angeles County District Attorney’s spokeswoman, Jane Robison, tells People that “after reviewing the case, we’ve declined to file any charges due to insufficient evidence.”

Instead they plan on filing criminal charges against the other driver, Simon Herbert, who was driving and broke a red light.

Because the 22-year-old actor refused to take a blood test he will have his license “automatically suspended for six to nine months.”