- Associated Press - Tuesday, June 16, 2015

AUSTIN, Texas (AP) - A civil court judge in Austin will not be prosecuted for driving while intoxicated because she was not legally drunk.

Travis County Attorney David Escamilla (es-kuh-MEE’-uh) on Monday cited lack of evidence in the case of Judge Gisela Triana.

Triana had a blood alcohol level of 0.076 after her March 21 arrest. The legal limit for DWI in Texas is 0.08.

Austin police records show Triana was stopped for speeding, then arrested for suspicion of drunken driving. She failed a field sobriety test and officers found an empty bottle of hard lemonade in her vehicle.

Escamilla says his office will file a speeding violation charge against the judge, for allegedly going 47 mph in a 30 mph zone.

Triana has been presiding judge of the 200th District Court since 2005.

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