SAN ANTONIO – San Antonio Councilman Marc Whyte’s blood alcohol concentration was over the legal limit when he was stopped for DWI in late December, according to test results obtained by KSAT.
Whyte was arrested on Dec. 29 on suspicion of DWI following a traffic stop just after 11 p.m. Though the District 10 councilman declined to provide a sample, San Antonio Police got a warrant for his blood, which was sent to the Texas Department of Public Safety Crime Laboratory in Austin.
Testing found Whyte had 0.089 grams of alcohol per 100 milliliters in his blood, according to the results released by DPS. The legal limit is 0.08. The lab did not find any drugs in his system.
“I did not feel intoxicated otherwise I would not have driven. But I take full responsibility for my actions,” Whyte told KSAT in a text message.
The city council censured Whyte after the arrest, and the mayor suspended him from his committee assignments.
His first court appearance is scheduled for Mar. 26. He faces a Class B misdemeanor charge, which is punishable by up to 180 days in jail and a $2,000 fine.
Whyte was pulled over on Dec. 29 after SAPD said he was speeding and hadn’t properly signaled a lane change. The councilman admitted to having three drinks over the course of the evening and was arrested after undergoing a battery of field sobriety tests.
A pair of lawyers KSAT spoke with were split on how damning or not the video of the arrest was.
Whyte is the second District 10 Councilman to face a DWI charge in as many years.
His predecessor, Clayton Perry, pleaded “no contest” to charges stemming from a November 2022 drunken hit-and-run crash. Perry received one year of probation, which is nearly up.
Perry’s attorney, David Christian, also represents Whyte. Christian declined to comment on the blood testing results.