A lab test indicates a judge in Tarrant County had a blood alcohol level just above the legal limit for driving after she was stopped last November.
The case against Judge Elizabeth Berry was dropped last week when a retired judge dismissed the misdemeanor drunken driving charge.
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.