State District Judge Elizabeth Berry has been charged with driving while intoxicated based on blood tests taken after Alvarado police stopped her for speeding on Interstate 35.
Johnson County Attorney Bill Moore said Monday he approved the misdemeanor DWI charge against Berry late Friday after receiving lab results from blood taken from Berry on Nov. 8, three hours after she was stopped for driving 92 mph in a 65 mph speed zone.
Moore would not release the results of the blood test.
Berry’s attorney, Mark Daniel, said Monday he is prepared to defend Berry in the case, which has been assigned to Johnson County Court-at-Law No. 1. No arraignment date has been set, according to the county attorney’s office.
"It doesn’t come as a surprise that he filed the case," Daniel said. "We’re more than prepared to defend against it."
Berry, 43, could face up to 180 days in jail and a $2,000 fine if convicted of the Class B misdemeanor. She is free on $1,000 bond.
Alvarado Police Chief John Allen said last week that officers who stopped Berry for speeding about 4 p.m. noticed beer cans in her car and believed she was acting in an intoxicated manner.
After refusing a field sobriety test, she was arrested and taken to the Johnson County Law Enforcement Center in Cleburne, Allen said. Officers obtained a warrant to take her blood after she refused a breath test, he said.