Court of Criminal Appeals found that prosecutors had insufficient evidence to prove their case. Arrest In April 2013, motorists saw Lehmberg driving in a bike lane for over a mile on southbound FM 620, and at one point veering into oncoming traffic on Comanche trail. When pulled over at an Austin church parking lot, police discovered vodka on her passenger side seat. Her blood alcohol level was .239, three times the legal limit. Lehmberg was taken into custody and while incarcerated officials claimed she was "uncooperative" and "aggressive" and had to be restrained with leg irons, handcuffs, and a spit mask. However, officers have stated they did not observe any spitting, and one jailer stated it was used to protect her identity. Video of her detention were released to the public by an Austin radio station. DA Lehmberg was charged with a DWI, to which she pleaded guilty and was sentenced to 45 days in jail and a $4,000 fine, ultimately serving 22 days of that sentence. Her driver's license was suspended for 180 days and she waived her right to appeal. Lehmberg wrote a letter from jail to residents of Travis County apologizing for her behavior, vowing to get professional help and to not seek a third term in 2016. A few days after the arrest, Austin attorney Kerry O'Brien filed a civil lawsuit to remove Lehmberg from office under a rarely used state law that allows for removal of certain public officers for "intoxication." In June 2013, Rick Reed, former prosecutor, filed a criminal complaint against Lehmberg for abuse of office, due to her threats and apparent attempts to obtain special treatment on the night of her arrest. The grand jury eventually concluded her actions while in custody did not constitute official misconduct and Lehmberg was no-billed. The civil suit went to trial in December 2013, and the judge declined to remove her from office. Post-incarceration events Then Texas Governor Rick Perry demanded Lehmberg step down from her position or he would veto $7.5 million of State funding for the Public Corruption office which Lehmberg worked for. Meetings were held between Travis County officials and Governor Perry's representatives in order to reach an agreement to keep the funding going. Perry's representatives indicated that if Lehmberg stepped down, funding would be restored and her top lieutenant would be allowed to succeed her. Later the offer was changed, so she