SAN ANTONIO – San Antonio Councilman Marc Whyte agreed to a plea deal Wednesday that changed his December 2023 drunk driving case to a non-DWI charge.
In an appearance before Bexar County Court 11 Judge Erica Pena, the District 10 councilman pleaded “no contest” to “obstruction of a highway” in exchange for deferred adjudication. That means he will not be convicted if he completes his six months of probation, which includes not drinking alcohol.
Whyte was also given 48 hours of community service, fined $850, charged for $270 in court costs, and must pay monthly supervisory fees.
He must also undergo a DWI education course and a victim impact panel, though Whyte’s attorneys asked for credit for him already taking at least one of them.
Though “obstruction of a highway” is the same level offense as Whyte’s original DWI charge, a Class B Misdemeanor, it does not carry the same stigma.
Leaving court Wednesday, Whyte told reporters, “It’s time to move forward.”
“As I mentioned day one, you know, this — I hope positives can come from this, right? And everybody needs to learn the lessons I’ve learned. And we’re ready to move forward, and I’ve got a lot of work to do for District 10 and the City of San Antonio. And so I’m glad we’re putting this behind us today,” Whyte said.
He would not comment on why he decided to take a plea deal, though he denied it was about putting a cap on the now 10-month-old incident.
Assistant District Attorney Andrea Crespo declined to comment as she left the court.
District Attorney Joe Gonzales released the following statement:
“After considering all the evidence in the case, the potential inability to reach a favorable outcome at trial and the fact that Marc Whyte is otherwise eligible for deferred adjudication from the court, a decision was made to offer a plea bargain to Obstruction of a Highway, the same offense level as a Driving While Intoxicated. This plea offer does not violate my office policy on Obstruction of a Highway.
In accepting the plea agreement, Mr. Whyte acknowledges accountability for his actions, and demonstrates a commitment to the consequences of driving while intoxicated. Our justice system aims to hold individuals responsible while fostering rehabilitation, and this resolution reflects a balanced pursuit of both justice and personal accountability.”
NIGHT OF THE ARREST
After flying into Houston from Australia earlier in the day, Whyte has said he went to El Mirasol on Dec. 29, where there was a group of people, including Councilwoman Melissa Cabello Havrda (D6). Councilwoman Sukh Kaur (D1) confirmed she also “ran into” Whyte there but left to host a holiday dinner for her staff.
After spending time at the restaurant on Northwest Military Drive and Myron’s Prime Steakhouse next door, Whyte said he drove Cabello Havrda home at about 9:15 or 9:30 p.m. before heading to the Thirsty Horse Saloon and Dance Hall.
San Antonio police pulled Whyte over at 11:07 p.m. after they said he was speeding on Northeast Loop 410 and didn’t properly signal 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.
Though the District 10 councilman declined to provide a sample, San Antonio police got a warrant for his blood, which was drawn at 1:29 a.m. the next morning and sent to the Texas DPS Crime Laboratory in Austin.
Testing found Whyte had a 0.089 grams of alcohol per 100 milliliters of blood - above the legal limit of 0.08 blood alcohol content (BAC).
The councilman has repeatedly said he did not feel intoxicated that night but takes responsibility for his actions.
The Bexar County District Attorney’s filed an official charge against Whyte on Jul. 10.
REPERCUSSIONS
After his arrest, Whyte’s council colleagues voted to censure him — essentially a public rebuke with no actual consequence. Mayor Ron Nirenberg also temporarily pulled Whyte off his committee assignments, though he reinstated the Northeast Side councilman in April.
Whyte took office in June 2023. He is the second District 10 Councilman to face a DWI charge in as many years. He was arrested a year and a day after his predecessor, Clayton Perry, was booked on his DWI charge.
He was also reprimanded by the City of San Antonio’s Ethics Review Board on Aug. 14 for abusing his power as a councilman in an unrelated complaint.
Whyte had tried to get the heads of two separate law enforcement agencies involved in a disturbance at a local attorney’s home in April, saying he was concerned about possible child abuse. However, an attorney for the review board noted the councilman was already aware police had been called.