The conspiracy theorist Alex Jones was arrested in Texas on a misdemeanor charge of driving while intoxicated after his wife called police to their house over an argument, according to court records released on Tuesday.

The Infowars founder was booked into an Austin jail shortly after midnight and released on bond a few hours later, said a spokeswoman from the Travis county sheriff’s office. Jones, 46, had a “strong odor of alcohol” coming from him and his blood-alcohol level was recorded at 0.076% and 0.079%, according to court records.

In Texas, the legal blood alcohol limit is 0.08%. Jones was also allegedly unable to complete sobriety tests.

In an arrest affidavit, the sheriff’s deputy said he was originally responding to a family disturbance call at Jones’s home just after 10pm on Monday. “Dispatch advised the disturbance now was only verbal but earlier in the day ‘it was physical’,” the affidavit said.

An attorney for Jones did not immediately return a message seeking comment on Tuesday. An article posted on his Infowars website suggested he was pulled over for going five miles over the speed limit. The article mentions Jones having a “small amount of sake” with his wife at dinner but does not mention an argument.

The deputy said when he arrived he saw Jones’s Dodge Charger leaving the neighborhood and pulled him over. Jones allegedly said he and his wife had gotten into an argument over dinner and that he ended up walking about three miles home from the restaurant. Jones allegedly said the argument continued when he got home, so he set off for another downtown residence he owns “to get away from his wife”, according to the affidavit.

Jones is being sued in Austin by the parents of a six-year-old victim of the 2012 Sandy Hook massacre who claim the Infowars host used his show to promote falsehoods that the shooting was a hoax.

Jones founded Infowars and produces his radio show in Austin.