San Antonio police filed a DWI charge against Councilman Clayton Perry (D10) on Tuesday for his involvement in an alleged hit-and-run Nov. 6, according to a joint statement from SAPD and the Bexar County District Attorney’s Office.

“This case, as well as the arrest charge of failure to stop and give information, are now being reviewed by prosecutors to determine if the cases can be proved beyond reasonable doubt,” the statement reads.

The District Attorney’s Office will decide whether to prosecute the charges.

“Details on at-large court filings are not publicly available until they have been filed in court. Because these cases are pending, we can make no further comment on them,” the statement continues.

Previous media reports incorrectly stated the DWI charge had been filed on Nov. 23.

A first-time DWI charge is also a class B misdemeanor. If convicted of both charges, Perry could face up to $5,000 in fines and one year in jail. Perry turned himself in and posted $1,000 bond for the failure-to-stop charge on Nov. 10.

City Council selected former District 10 Councilman Mike Gallagher to temporarily represent the district on the dais. Perry was granted an indefinite leave of absence last month that would allow him “time for me to heal,” Perry told his council colleagues before a majority of them issued a vote of no-confidence.

Council can’t remove a member unless they’re convicted for a crime involving “moral turpitude,” according to the city charter, but the term is not defined.

During the same meeting, Perry said he was taking “full responsibility and wholly acknowledge[d]” that his actions “caused the accident,” but did not say if he was drinking the night he was caught on video being disruptive at a nearby Bill Millers restaurant and allegedly struck another car with his Jeep on his way home.

The responding officer heard moaning coming from Perry’s backyard, where he found the councilman on the ground, bleeding from a cut on his head, according to the arrest affidavit.

The bodycam footage shows Perry unable or unwilling to answer the officer’s questions and struggling to get inside his house.

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Iris Dimmick

Senior Reporter Iris Dimmick covers public policy pertaining to social issues, ranging from affordable housing and economic disparity to policing reform and workforce development. Contact her at iris@sareport.org