Retiring Republican legislator Mike Krusee had his charges of misdemeanor Texas drunk driving dismissed by a judge. Judge Chuck Miller, assigned to the case as a visiting judge to the Williamson County court, found that the prosecution presented insufficient evidence.
Krusee was arrested for suspicion of driving while intoxicated in northwest Austin on April 30, 2008. He was reportedly driving erratically prior to a traffic stop and had expired vehicle registration. The officer detected alcohol and noted that Krusee’s eyes were bloodshot. Krusee failed three field sobriety tests though he refused to submit to a breath test, which left the arresting officer’s testimony and the dash-cam video as the only evidence in the case. Krusee’s DWI defense attorney argued that his client’s stumbling and field sobriety test errors may have been caused by the wind that was apparent in the video and that the videotape evidence was inconclusive for a DWI conviction. The judge agreed.
The percentage of DWI arrests in Williamson County that are dismissed is about 30%. Some of those are plead to lesser charges so a complete dismissal such as Krusee received is unusual.
In 2003, Krusee lead the effort to enact a driver responsibility program in Texas calling for stiff surcharges against those found guilty of drunk driving. It included a $1,000 charge for a first conviction of driving under the influence in Texas, and a $1,000 fee for each of three years payable to the Department of Public Safety in order to renew a driver
