Commissioner accepts 9 months probation after DWI charge dismissed

Hays County Commissioner Walt Smith had an outstanding DWI charge dismissed as part of a plea agreement.

Smith pled no contest as part of the plea agreement and received nine months probation and a $200 fine.

According to court records, Smith’s DWI charge stemmed from an incident that occured on April 28, 2021 where he crashed into a vehicle near the 2200 block of Lake Austin Blvd. An officer observed that Smith had “bloodshot and glassy eyes,” according to the arrest affidavit, and the commissioner was charged with driving while intoxicated. That charge was dismissed at a hearing in Travis County on Sept. 16, according to court documents.

“Over the course of my career, I have attended hundreds of legislative hearings and negotiations supporting initiatives and on behalf of my constituents, which sometimes extend late into the night,” Smith said in a statement to the Dripping Springs Century News.

“On April 28, 2021, after leaving the Capitol, I was involved in a minor traffic accident with a local delivery truck. I called 911, spoke with officers upon their arrival, and was taken to the hospital for evaluation of a leg injury.”

“While at the hospital, I was informed that I was under arrest for DWI, even though no blood was drawn, no breathalyzer given and officers at the scene expressed no suspicion of impairment,” he continued.

According to the arrest affidavit, Smith “refused” to take a intoxilyzer test, preliminary breath test and blood test.

“Due to the pandemic, the Travis County court system was backlogged and unable to hear my case for nearly a year and a half,” Smith said. “While I wish this matter could have been dealt with sooner, my attorney was finally able to meet with prosecutors on September 16, who agreed the DWI charge should be dropped.”

Smith has instead been charged with a misdemeanor traffic violation for obstructing a highway passageway as part of a “nolo contendere” (or “no contest”) plea deal, which results in deferred adjudication for the commissioner.

“Although it is easy to rush to judgment, our judicial system exists to ensure that evidence is considered fairly and judgments are accurate,” Smith said. “I take my position as county commissioner and the safety of our community seriously and continue my service with appreciation that this matter has been fairly concluded and my innocence confirmed.”

In the type of plea Smith accepted, the defendant, however, does not accept nor deny responsibility for the charges but agrees to accept punishment.

According to court documents, the commissioner will remain on probation for nine months under the Travis County Community Supervision and Corrections Department. Smith will have to take a drunken driving class and receive counseling or treatment that a supervision officer designates.

Smith also must install an ignition interlock system on his vehicle for five months. He’ll have to provide breath samples for analysis for alcohol before the vehicle will start.

Smith is running for reelection for his Precinct 4 seat on the commissioners court. He received 57% of the vote during the Republican primary in March.

Additional reporting by Madi Telschow.

Editor’s note: Details regarding Smith’s plea deal were not initially reported in the Daily Record’s original story published Sept. 19. ncastillo @sanmarcosrecord.com Twitter: @Nick_Castillo74