The courtroom drama for San Antonio Councilman Marc Whyte continues as his first appearance on a DWI charge was rescheduled yet again. Originally set for Jan. 30, the new date is now May 14, with the defense citing the need for more time to review blood alcohol concentration (BAC) test results. These results, obtained two hours after his December arrest, showed a BAC just a hair above the legal limit, as per a report by the San Antonio Express-News.
Whyte's attorney, David Christian, who previously chose not to comment on the postponement, has now extended the timeline for a second time. Officers had earlier caught Whyte allegedly weaving through traffic without a signal and speeding on the northeast side of the city. He refused a breathalyzer and police later obtained a warrant for a blood test, which he also initially resisted. The test, ultimately conducted by a nurse, pinned his BAC at 0.089 grams per 100 milliliters of blood, just over Texas' legal limit of 0.08, according to details from an officer's affidavit cited by KENS 5.
Whyte, serving District 10, has stated he did not feel intoxicated after leaving the Thirsty Horse Dance Hall & Saloon that night. He claimed to have consumed three beers over the course of the evening at various locations. One of his council colleagues, Melissa Cabello Havrda, was with him for part of the night but decided to head home due to allergies. She has confirmed that Whyte dropped her off before he went to the Thirsty Horse, as reported by the San Antonio Express-News.
Since the incident, Whyte has been censured and temporarily stripped of his council committee assignments, making his influence in policy matters thin. Mayor Ron Nirenberg has yet to indicate when Whyte might regain his committee positions. Whyte's scenario draws parallels with his predecessor Clayton Perry, who plead no contest to similar misdemeanor charges and was represented by the same attorney, the San Antonio Express-News notes.
The stakes are high for Whyte as a conviction could lead to up to 180 days in jail or fines amounting to $2,000. On top of this, a guilty verdict carries the potential suspension of one's driver's license for two years, adding further to the weight of the May 14 court date on the horizon, a detail outlined by KENS 5.
