Austin judge found with empty alcohol bottle in car won't face DWI charge

State District Judge Gisela Triana, 48, has been charged with driving while intoxicated after attending an Austin taping of "Jimmy Kimmel Live" on Friday. Triana allegedly had an empty bottle of Mike's Hard Lemonade sitting in the center console of her Chevrolet Suburban when police pulled her over Friday, according to an arrest affidavit. less State District Judge Gisela Triana, 48, has been charged with driving while intoxicated after attending an Austin taping of "Jimmy Kimmel Live" on Friday. Triana allegedly had an empty bottle of Mike's Hard ... more Photo: Austin Police Department Photo: Austin Police Department Image 1 of / 53 Caption Close Austin judge found with empty alcohol bottle in car won't face DWI charge 1 / 53 Back to Gallery

A Travis County judge who had an empty bottle of Mike's Hard Lemonade sitting in the center console of her Chevrolet Suburban when police pulled her over in March won't face drunken driving charges.

Travis County misdemeanor records show that a driving while intoxicated charge against state District Judge Gisela Triana, 48, has been reduced.

Trais County Attorney David Escamilla told the Austin American-Statesman that Triana's blood alcohol level was 0.076. The legal limit in Texas is 0.08.

Triana will instead face a citation for speeding, according to the American-Statesman.

Escamilla did not immediately return a call requesting comment.

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"We reviewed this case, as we do with all DWI arrests, and the evidence was lacking to prove the DWI offense beyond a reasonable doubt," Escamilla told the American-Statesman. "The video taken that night of Judge Triana performing the standard sobriety tests show her performing those tests within the perimeters of a person having the normal use of their physical and mental faculties."

In a statement provided by lawyer Brian Roark, Triana said, "As the investigation into my conduct of March 20, 2015, comes to a close, I again want to express my disappointment in myself for having made the investigation necessary. I have asked that the video, blood test results and incident report be made immediately available to the press and public, without delay and without the necessity of a formal Open Records request.

"I have learned several valuable lessons, but most importantly, I have learned that I must be more careful when consuming alcohol. I have always thought I was responsible with alcohol, but the reality is that I was unnecessarily careless that evening. I will certainly be more careful in the future."

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An Austin police officer pulled over Triana for going 47 mph in a 30 mph zone at around 11 p.m. on March 20, according to an arrest affidavit.

Triana told the officer she had consumed four alcoholic drinks, two at an Austin taping of "Jimmy Kimmel Live" and two at Zax Restaurant & Bar, the affidavit said.

The judge was cooperative, but had a strong alcoholic beverage odor, glassy eyes and was swaying, according to the affidavit.

Triana failed multiple field sobriety tests, the affidavit said, failing to touch heel to toe, stepped off line twice and took the wrong number of steps.

The judge refused to submit to breath exams or blood draws to allow law enforcement officials to measure her blood-alcohol level, according to the affidavit.

jfechter@mySA.com

Twitter: @JFreports