Prosecutor Bill Moore said he had no case without blood evidence that the retired judge had ruled inadmissible, due to lack of probable cause for the testing.
Moore previously said the results were above the 0.08 legal limit for driving in Texas, but he declined to release specifics.
KTVT-TV on Monday reported the lab results, secured through a public information request, showed Berry had a blood alcohol level of 0.09.
A lab in Euless did the blood test for Alvarado police.
QUICK HEADLINES | MORE TEXAS | GET NEWS ALERTS
-----------------------------------------------------------------------------------------------
ABC13 SOCIAL NETWORKING
Find us on Facebook® | Follow us on Twitter | More social networking
-----------------------------------------------------------------------------------------------
MORE FROM ABC13
ABC13 widget | Most popular stories |
Street-level weather
ABC13 wireless |
Slideshow archive |
Help solve crimes
-----------------------------------------------------------------------------------------------
