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State Sen. Charles Schwertner, R-Georgetown, will not face prosecution after being arrested for suspicion of driving while intoxicated.
Travis County Attorney Delia Garza stated that the available evidence did not meet the standard of “proving guilt beyond a reasonable doubt.” As a result, her office has decided against pursuing any charges.
In a statement on Tuesday, it was mentioned that Mr. Schwertner willingly underwent alcohol counseling and monitoring without any instances of non-compliance.
Garza stated that Schwertner’s case received equal treatment to others facing their first DWI offense. Her response followed shortly after Perry Minton, Schwertner’s attorney, declared the dismissal of charges.
Minton stated that “Based solely on the evidence, this decision is the correct one.” He added that Sen. Schwertner appreciates the promptness of this decision and continues to prioritize his family and constituents.
The Austin American-Statesman first reported Minton’s statement about the charges being dropped.
Schwertner was arrested around 12:45 a.m. on Feb. 7 after an Austin police officer reported a black Cadillac, driven by Schwertner, was “swerving to the right and the left and split the two lanes repeatedly,” according to a probable cause affidavit.
According to the affidavit, the officer trailing Senator Schwertner’s vehicle on the morning of his arrest observed it consistently swerving between lanes. The officer conducted a traffic stop, during which the driver confirmed his identity as Schwertner.
According to the officer, Schwertner exhibited bloodshot, glassy, and watery eyes, appeared confused, and spoke with slurred speech. Additionally, the officer detected a strong smell of alcoholic beverage on Schwertner’s breath.
Schwertner, who works as an orthopedic surgeon, was taken into custody and later released on a personal recognizance bond from Travis County jail on the same day of his arrest.
As he left the jail, Schwertner told reporters: “I’m deeply sorry, apologetic to my citizens and my family. I made a mistake.”
Since 2013, Schwertner has represented Senate District 5 which stretches from Central to East Texas and includes Round Rock, College Station and Huntsville. Later this year, he will serve as one of 30 jurors in Attorney General Ken Paxton’s impeachment trial.
Schwertner, 52, has faced other scandals in the past. In 2018, he was accused of sending sexually explicit photos of his genitals to a graduate student at the University of Texas at Austin. He denied the allegations, saying that someone else sent the messages using his LinkedIn account and another privacy phone messaging app that belongs to him.
The university launched an investigation, which described the senator as uncooperative. It did not clear Schwertner of wrongdoing, but said it could not prove Schwertner sent the texts.
After the sexual harassment allegation, Schwertner gave up his chairmanship of the Senate Health and Human Services Committee to work on other issues in the Legislature and spend more time with his family. Since then, he was appointed as chair of the Senate Business and Commerce Committee. At the end of this year’s regular legislative session, senators voted him in as president pro tem of the upper chamber until 2025.
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