Texas prosecutors drop Alex Jones’ drunken driving charge

Travis County attorney’s office rejected misdemeanor charge of driving while intoxicated against Jones on Sept. 18

EDITOR'S NOTE: The Associated Press erroneously reported that Alex Jones' ex-wife called a sheriff's office to say her husband may have been drinking before driving. An arrest affidavit reviewed by Fox News showed it was his current wife who called the sheriff's office.

AUSTIN, Texas — Prosecutors in Texas have rejected a drunken driving charge against conspiracy theorist and radio host Alex Jones, who was arrested in Austin earlier this year.

The Travis County attorney’s office rejected the misdemeanor charge of driving while intoxicated against Jones on Sept. 18, records show.

A Travis County sheriff’s deputy pulled Jones over on March 10 for going 5 mph above the speed limit, according to the Austin American-Statesman.

TEXAS POLICE GROUP WARNS DRIVERS TO ‘ENTER AT YOUR OWN RISK' AFTER AUSTIN CUTS POLICE FUNDING

FILE--In this Sept. 5, 2018 file photo, Alex Jones speaks to reporters in Washington. (AP Photo/Jose Luis Magana, File)

FILE--In this Sept. 5, 2018 file photo, Alex Jones speaks to reporters in Washington. (AP Photo/Jose Luis Magana, File)

Travis County Sheriff’s Office spokeswoman Kristen Dark said Jones had a “strong odor of alcohol” coming from him and that he was unable to complete field sobriety tests, losing his balance and failing to touch heel to toe.

TEXAS BOY'S BRAIN-EATING AMOEBA DEATH LEADS CITY TO FLUSH WATER SYSTEM

Jones’ blood-alcohol level was recorded at .076 and .079, according to court records; the legal blood alcohol limit is .08 in Texas.

Under state law, impairment is possible regardless of a person’s blood-alcohol level, meaning a jury in Texas could reasonably determine a driver was intoxicated even if they didn’t reach the 0.08 threshold.

CLICK HERE TO GET THE FOX NEWS APP