The Bexar County District Attorney’s office on Wednesday afternoon charged District 10 Councilman Marc Whyte with driving while intoxicated.
Whyte was arrested by the San Antonio Police Department’s DWI unit on Dec. 29, 2023 after the officer said he was speeding and changing lanes without signaling on the North Side, near Interstate 410 and U.S. Highway 281.
Whyte had been driving 80 miles per hour in a 65-mph zone, drifting back and forth in his lane, then using a turn signal after he’d already switched lanes, according to the officer’s report. The officer noted that Whyte had glossy, red eyes and his breath smelled of “intoxicants.” After being evaluated at the scene, Whyte was arrested and booked.
Body camera footage released to the public showed Whyte performing several field sobriety tests and telling the police officer, “Sir, I am sober.” But he gave varying answers when the officer asked how many drinks he had consumed, and the officer went on to arrest Whyte, saying he could smell alcohol on his breath.
The charge, a Class B misdemeanor, is Whyte’s first and could be punishable by up to $2,000 in fines and six months in jail.
Whyte was elected in May 2023 after former District 10 Councilman Clayton Perry didn’t seek reelection following his own DWI arrest. Perry received 12 months of deferred adjudication after he was accused of fleeing the scene of the Nov. 6, 2022, accident after driving while intoxicated.
Mayor Ron Nirenberg in April reinstated Whyte to his council committee assignments, stating that he had removed Whyte to demonstrate “we take drinking and driving seriously.”
Wednesday’s development is procedural and will not result in any committee assignment changes, the mayor’s office said on Thursday.
