AUSTIN – The Travis County Attorney's Office said Monday afternoon it will not pursue DWI charges against a district judge arrested in March.
Police arrested Judge Gisela Triana on March 20 near Barton Springs Road and MoPac. An arrest affidavit states she had four drinks that day, including two during a taping of "Jimmy Kimmel Live." Triana also had an empty bottle of Mike's Hard Lemonade in the center console of her vehicle. Police also said she failed a field sobriety test.
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County Attorney David Escamilla said Monday she had a blood alcohol level of 0.076, just below the legal level of 0.08. Prosecutors said they also evaluated her performance on a field sobriety test and found her behavior to be of someone who was not drunk.
Triana's case will be reduced to a speeding ticket, since she was stopped for allegedly going 47 in a 30 mph zone.
Triana has been on the bench since 2005 handling civil cases. Before becoming a state judge, Triana worked as a county prosecutor and municipal judge in Austin.
After the arrest, Triana issued a statement saying, "Whether it is determined that I was legally intoxicated or not, the investigation itself indicates that I have not met my own standards of careful conduct."