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Newly released body camera footage shows state Sen. Charles Schwertner’s February arrest for suspicion of drunk driving after refusing to take a breathalyzer test. Travis County prosecutors dropped the charge in July, saying there was not enough evidence to secure a conviction.
The video was released to The Texas Tribune on Friday in response to a public records request. It shows Schwertner, a Georgetown Republican, being pulled over in the early morning hours of Feb. 7 in Austin. The officer tells Schwertner he was driving between two lanes, and Schwertner apologizes, saying he and his passenger were “changing channels and stuff.”
State Rep. Claudia Ordaz, D-El Paso, can be seen in the front passenger seat with Schwertner as he is being pulled over. In a statement, she said, “I had no involvement in this matter other than being a passenger at the time of this incident and was fully cooperative with authorities at all times. I regret this incident occurred, and in the future, I will use more caution to prevent this type of unfortunate circumstance.”
Afterwards, the video proceeds to display Schwertner reiterating that he had not consumed any alcohol. He then proceeds to undergo field sobriety tests and is subsequently placed under arrest. Later that day, he is released from Travis County jail, where he expresses his sincere remorse to reporters, acknowledging that he had made an error in judgment.
Perry Minton, Schwertner’s lawyer, opted not to respond to inquiries regarding the video and instead issued a concise statement.
Minton stated that the Travis County Attorney’s Office had previously watched this video and dismissed any allegations against Senator Schwertner. Minton emphasized the need to focus on more significant news stories and leave this matter behind.
The Tribune shared the video with both Schwertner’s and Ordaz’s offices soon after it was released on Friday evening. Minton issued his statement on Saturday morning, whereas Ordaz only responded with a comment just 1 minute before this story was published.
During the video, Schwertner informs the officer that he had picked up Ordaz from the airport and they had later dined at Whataburger. Ordaz then informs the officer that they are currently parked at her residence, which Schwertner confirms as her actual place of residence.
After inquiring if they have consumed any alcoholic beverages, both individuals deny it. The officer then requests Schwertner to step out of the vehicle, and upon doing so, the officer informs Schwertner about the noticeable presence of a “strong alcohol odor” on his breath. The officer proceeds to ask Schwertner once again if he had consumed any drinks, to which Schwertner reiterates his denial.
After a brief period, the officer persists in questioning Schwertner about his alcohol consumption, even going as far as requesting him to gauge his level of intoxication on a scale from zero to ten. Although a portion of the audio recording of their conversation is absent, Schwertner’s reply can be clearly heard.
“I’m sober,” Schwertner says. “Zero.”
During the field sobriety tests on Schwertner, the officer continues his assessment when Schwertner’s wife seemingly arrives at the scene.
Schwertner explains that his wife has just arrived, causing him to lose his balance while standing on one foot.
Despite their attempts to restart the exercise, Schwertner remains distracted.
Schwertner calls out, “Belinda! Belinda! She works as an attorney.”
Although a voice can be heard offscreen, the words remain unintelligible. It is uncertain to whom Schwertner was referring as an attorney. Neither Belinda Schwertner nor Ordaz are mentioned as attorneys in their public profiles.
The officer and Schwertner continue with the exercise, but Schwertner grows impatient. He inquires about the adequacy of the time he has spent balancing and asks the officer to determine whether it is enough. However, the officer asserts that it is not within his jurisdiction to make that judgment.
Schwertner states, “Officer, this is starting to feel like an interrogation.”
The officer clarifies that his sole objective is to have Schwertner comply with instructions for a “standardized field sobriety test.” Despite Schwertner’s assurance that he has fulfilled all the officer’s requests, he expresses his belief that the officer’s behavior is inappropriate.
After Schwertner successfully finishes the test, he and the officer approach a nearby police car. A second officer assures Schwertner that he is undergoing a routine procedure and not receiving any special treatment. Another officer then offers Schwertner a “preliminary breath test,” informing him that it detects alcohol and inquires if he would be willing to undergo it. Schwertner declines the offer, resulting in him being handcuffed and informed that he is being arrested for driving under the influence.
For an additional thirty minutes, the video continues, capturing Schwertner as he is escorted to a police vehicle, maintaining a composed demeanor while engaging with officers, and eventually reaching the jail.
Schwertner, at one moment, inquires the first officer if he can occupy the front seat of the police vehicle. The officer responds, citing policy, that Schwertner must be seated in the back. Reluctantly, Schwertner complies and lets out a sigh.
Schwertner claims to have accomplished a great deal for you all.
The officer expresses gratitude for the sentiment, but clarifies that he is simply carrying out his duties. Schwertner acknowledges that he comprehends and respects the officer’s stance.
Another officer approaches the arresting officer while Schwertner is in the car.
“I must contact the watch commander immediately as the individual involved is a senator, specifically a Texas state senator, who is currently engaged in the legislative session,” the second officer asserts, followed by a comforting remark, “Rest assured, you will handle this situation appropriately. Equal treatment is paramount.”
At 2:12 a.m., Schwertner was taken into custody and brought to the Travis County jail, where he faced charges of driving under the influence. Subsequently, he was granted a personal recognizance bond and released from jail around noon on the same day.
Schwertner expressed his sincere apologies and regret to both the public and his family as he departed from the jail. He acknowledged that he had made an error.
According to the arresting officer’s affidavit, Schwertner exhibited various signs of impairment, such as the scent of alcohol on his breath, bloodshot and glassy eyes, confusion, and slurred speech. Additionally, the officer mentioned that Schwertner’s overall attitude was polite, sleepy, and cooperative.
Travis County Attorney Delia Garza announced July 18 that there was not enough evidence to continue with the case. She also said Schwertner “voluntarily submitted to alcohol counseling and alcohol monitoring with no violations.” Minton, Schwertner’s lawyer, said it was the “right decision based strictly on the evidence.”
After Schwertner’s arrest, Lt. Gov. Dan Patrick said there was “zero excuse” for drunk driving, especially “by a member of the legislature whose conduct should be held to a higher standard.” Patrick added he would withhold further comment until the “final outcome of this issue in court.” Patrick has since not commented on the situation.
Schwertner chairs the Senate Business and Commerce Committee and has served in the upper chamber since 2013. He represents Senate District 5, a Republican-friendly district that covers the north Austin suburbs and spreads east to include College Station.
Schwertner, aged 53, faced a personal controversy in 2018 when he faced accusations of sending sexually explicit photos of his genitals to a graduate student at the University of Texas. Although he denied the allegations, Schwertner claimed that someone else had sent the messages by using his LinkedIn account and another private phone messaging app that he owned.
Schwertner was not exonerated of wrongdoing by the university investigation, which also concluded that there was no concrete evidence proving he sent the texts. The investigators noted Schwertner’s lack of cooperation during the process.
Schwertner willingly relinquished his position as chairman of the Senate’s Health and Human Services Committee following the allegation.