A visiting judge in Williamson County dismissed a misdemeanor DWI charge Monday against a retiring Republican state lawmaker.

Visiting Judge Chuck Miller dismissed the case against state Rep. Mike Krusee, who was arrested for erratic driving in April.

According to the arrest affidavit, the state trooper who arrested Krusee reported a "strong smell of alcohol" when he stopped Krusee's car and Krusee failed a field sobriety test.

The affidavit says Krusee refused a breath and blood test, so the trooper arrested him and booked him into the Williamson County Jail in Georgetown.

He was released the next morning.

Krusee's attorney, Jason Nassour, said the Williamson County Republican had only had one glass of wine at a friend's house.

Krusee carried and passed legislation in 2003 that created the driver responsibility program to help fund the Texas Mobility Fund, which has a number of surcharges for driving offenses, including $1,000 for a first drunken driving conviction.