Political Payback: Rick Perry Indicted in Power Struggle with Democrat-Controlled DA Office
Lehmbergs sentence, a fine and 45 days in jail, was most likely the highest in history in Travis County for a first-time DWI charge. The investigation into her case also revealed a less-than-flattering picture of her drinking habits. Subpoenaed receipts from Twin Liquors showed her buying 72 bottles of Cirroc vodkatotaling more than 23 gallonsin a 15-month period, and that Lehmberg spread her purchases out among different stores. This amount only covers purchases made with her credit card at that one liquor store chain, not cash purchases or alcohol obtained elsewhere.
In Texas, the district attorney is the countys lead law enforcement officer, and
the Travis County District Attorney has the additional responsibility of prosecuting public crimes under the Public Integrity Unit, leading to a loud outcry for Lehmbergs resignation from lawmakers and public safety groups. State Rep. Phil King (R-Weatherford) sharply condemned her behavior, saying that what hed seen on the videos from her arrest showed incredible belligerence and disrespect and an utter contempt and disrespect for the law and for the office."
The Texas Local Government Code, in Chapter 87, allows public officials like district attorneys to be removed from office for "incompetency, official misconduct, habitual drunkenness, or other causes defined by law." The 1987 revision to the law added a single incidence of intoxication on or off duty as a potential cause for removal.
However, because Lehmberg is a Democrat, elected in Travis County, one of the most Democratic-heavy areas of the state, and Governor Perry, a Republican, would be able to pick her replacement, other Democrats quickly rallied to her defense. Other prosecutors who worked under Lehmberg publicly supported her remaining in office, as did State Senator Kirk Watson (D-Austin).