A drunken-driving charge against state District Judge Elizabeth Berry has been dismissed in Johnson County after an appeals court ruled that a blood test could not be used.
Retired State District Judge Robert Dohoney, who presided over the case, dismissed the charge against the Tarrant County judge Tuesday at the request of the prosecutor, according to court documents.
Johnson County Attorney Bill Moore said in his motion that "due to suppression of the blood test, the evidence is insufficient to prove guilt beyond a reasonable doubt."
Berry, 44, no longer faces a charge of driving while intoxicated with an open container after being stopped on Nov. 8.
Alvarado police said she was driving 92 mph in a 65-mph zone. Berry refused to cooperate, and officers obtained a warrant to take a blood sample, police said.
The case has since revolved around whether that blood sample was obtained properly.
In February, Dohoney granted the defense's motion to suppress the blood sample evidence, the county attorney's office said. The office unsuccessfully tried to appeal the ruling before the 10th Court of Appeals in Waco last month.
The results of the blood test were never revealed, although Moore had said in a previous statement that the level was above the 0.08 percent limit.