A drunk driving charge has been dismissed against state senator Charles Schwertner, whose district includes Brazos, Robertson, Milam, Madison, Walker, Leon, Limestone, Freestone, San Jacinto, Bastrop, and Williamson counties.
The Travis County county attorney issued a statement saying Schwertner “was given the same consideration as other individuals facing a first time DWI offense.” After Schwertner “voluntarily submitted to alcohol counseling and alcohol monitoring with no violations”, what was described as “prosecutorial discretion determined the appropriate resolution was a dismissal.” The county attorney also stated “there was not sufficient evidence to prove guilt beyond a reasonable doubt.”
Schwertner’s lawyer, Perry Minton, stated that the county attorney made “the right decision based strictly on the evidence.”
When Schwertner was arrested February 7 by Austin police, the arrest report stated that the officer chose not to have Schwertner undergo a blood or breath alcohol sample. The officer stopped Schwertner after seeing his car swerve and change lanes for several blocks. During the stop, the officer documented Schwertner had “a strong odor of an alcoholic beverage on his breath.” The officer also wrote Schwertner “had bloodshot, glassy, watery eyes, was confused, and had” a “slurred speech pattern.”
Schwertner’s lawyer also said the senator “is grateful for this quick decision and remains focused on his family and his constituents.”
Statement from Travis County county attorney Delia Garza:
“After reviewing the evidence presented to our office, we determined there was not sufficient evidence to prove guilt beyond a reasonable doubt. Mr. Schwertner also voluntarily submitted to alcohol counseling and alcohol monitoring with no violations. One of our priorities in ensuring public safety is to encourage people to seek the help and education they need to be accountable and prevent potential future harm. After considering all factors, prosecutorial discretion determined the appropriate resolution was a dismissal. Mr. Schwertner’s case was given the same consideration as other individuals facing a first-time DWI offense.”
Statement from attorney Perry Minton, representing Charles Schwertner:
“I’ve been informed by the county attorney’s office that the DWI charge against Sen. Schwertner has been dismissed. This is the right decision based strictly on the evidence. Sen. Schwertner is grateful for this quick decision and remains focused on his family and his constituents.”