The pap who tipped cops to Heather's DUI has made profited big time for the bust.

Nicholas Tepper, the lawyer who reps photog Jill Ishkianian said her call to authorities was prompted by civic duty and fear for Locklear's safety while driving under the influence.

"The fact she witnessed Ms. Locklear's erratic driving and reported it to the police did not mean she was disqualified from reporting the story, which she in fact did," Tepper stated.

The photos of the bust were sold to TMZ via photo agency.

CHP Lt. Dane Lobb said the pap's involvement would not change the facts of the DUI investigation, "We determined (she) was someone who shouldn't be operating a vehicle."

The photog's attorney Tepper said his client would testify against the actress if deposed.

Locklear's rep, Blair Berk, has not responded to media queries in the affair.