DWI charges dropped for Hays County Commissioner

Hays County Commissioner Walt Smith, Pct. 4, has had an outstanding DWI charge dropped from a traffic incident last year.

Court records state that Smith crashed into a vehicle near the 2200 block of Lake Austin Blvd. on April 28, 2021, at approximately 3:31 a.m. An officer observed that Smith had “bloodshot and glassy eyes,” according to the arrest affidavit, and the commissioner was charged with driving while intoxicated. That charge was dropped at a hearing in Travis County on Sept. 16, according to court documents. 

"Over the course of my career, I have attended hundreds of legislative hearings and negotiations supporting initiatives and on behalf of my constituents, which sometimes extend late into the night," Smith said in a statement obtained by The Century News. "On April 28, 2021, after leaving the Capitol, I was involved in a minor traffic accident with a local delivery truck. I called 911, spoke with officers upon their arrival, and was taken to the hospital for evaluation of a leg injury.”

“While at the hospital, I was informed that I was under arrest for DWI, even though no blood was drawn, no breathalyzer given and officers at the scene expressed no suspicion of impairment,” he continued. 

According to the arrest affidavit, Smith “refused” to take a intoxilyzer test, preliminary breath test and blood test.

“Due to the pandemic, the Travis County court system was backlogged and unable to hear my case for nearly a year and a half,” Smith said. “While I wish this matter could have been dealt with sooner, my attorney was finally able to meet with prosecutors on September 16, who agreed the DWI charge should be dropped.”

Smith has instead been charged with a misdemeanor traffic violation for obstructing a highway passageway as part of a “nolo contendere” (or “no contest”) plea deal, which will result in deferred adjudication for the commissioner. In this type of plea, the defendant does not accept nor deny responsibility for the charges but agrees to accept punishment.

“Although it is easy to rush to judgment, our judicial system exists to ensure that evidence is considered fairly and judgments are accurate,” Smith said. “I take my position as county commissioner and the safety of our community seriously and continue my service with appreciation that this matter has been fairly concluded and my innocence confirmed.”

According to court documents, the commissioner will remain on probation for nine months under the Travis County Community Supervision and Corrections Department.

This story was updated to include additional information. Further context can be found in the Sept. 14 article "Hays County Commissioner arrested for DWI."