DWI charges against driver in deadly crash dropped even though blood test showed BAC was .08

HARRIS COUNTY, Texas (KTRK) -- A woman found to be legally intoxicated at the time of a deadly crash in the Fifth Ward this fall is no longer facing charges after the Harris County District Attorney's Office dismissed her case.

ABC13 is not naming the woman because the case against her has been dropped.

The woman is accused of fatally colliding with 18-year-old Brody Whitten's vehicle at the intersection of Lockwood Drive and Market Street in September.

A spokesperson for the Harris County District Attorney's Office, as well as the woman's defense attorney, told ABC13 a blood test confirmed the woman had a BAC of .08, which just meets the threshold to be considered legally intoxicated.

The HCDAO spokesperson said that despite the woman's BAC, investigators could not determine who was at fault for the crash. Consequently, she was only charged with a misdemeanor for driving while intoxicated.

"When there's someone dead in the other vehicle? I can't get my head wrapped around that any more than anybody else could," Whitten's granduncle, Frank Bilek, said.

The HCDAO spokesperson told ABC13 that a judge ruled there was no probable cause to conduct a blood draw. ABC13 is working to learn why the judge made the decision. The spokesperson said the District Attorney's Office ultimately dropped the case because the critical evidence was rendered inadmissible in court.

"What range of emotions can you not think would apply to that?" asked Bilek, who told ABC13 he feels the criminal justice system failed his family.

ABC13 consulted with a handful of attorneys not affiliated with the case. Each said it is not uncommon for judges to issue such rulings on blood draws. However, the District Attorney's Office may appeal such decisions.

ABC13 is working to learn more about HCDAO's decision to not appeal.

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