Dee Ann Haney was indicted in connection to a fatal crash that killed a father and his son last July.
Haney, who faces re-election against two opponents on Saturday, left the Galveston County Justice Center after sitting in on the grand jury proceedings.
Investigators said Hong Phuc Le, 33, and his father Van Duoc Le, 58, were standing outside of a stopped black truck near the Mitchell Causeway on I-45 when Haney, driving another pickup, hit them.
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At the time of the incident, Haney tested negative for eight illegal drugs, including amphetamines, opiates, cocaine, and THC. The toxicology tests detected amounts of pseudoephedrine (Sudafed) and zolpidem (a sedative most commonly used in Ambien), but there was no further testing done to determine those amounts.
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According to court records, Haney admitted to a DPS trooper that she had smoked marijuana in the hours before the fatal crash. She insisted she was not under the influence at the time of the crash.
Haney remains out on the initial bond.
A court date for her trial has not yet been set.