Texas prosecutors drop Alex Jones' DUI charge as his ex-wife claims the criminal justice system is giving the InfoWars star special treatment amid their custody battle and in the lead-up to his Sandy Hook defamation trial

Prosecutors in Texas have rejected a drunken driving charge against conspiracy theorist and radio host Alex Jones, who was arrested in Austin earlier this year.

A Travis County sheriff's deputy pulled Jones over on March 10 for going 5 mph above the speed limit, according to the Austin American-Statesman but the Travis County attorney's office rejected the misdemeanor charge of driving while intoxicated against Jones on September 18, records show.

The deputy was responding to a call from the Infowars host's then-wife, Kelly Morales, who reported that he was driving a black Dodge Charger and may have been drinking, according to an affidavit.

She tweeted on Monday that Jones 'was pulled over on a no-refusal weekend after consuming large amounts of alcohol in a very short period of time. The officer didn't make him blow. Alex got out of the car and the officer shook his hand.' 

The Travis County attorney's office rejected the misdemeanor charge of driving while intoxicated on March 10 against Alex Jones on September 18 (seen in his mugshot). Then-wife, Kelly Morales, reported that he may have been drinking

Morales claimed in a tweet Monday that 'the officer didn't make him blow' and that 'Alex got out of the car and the officer shook his hand'

Travis County Sheriff's Office spokeswoman Kristen Dark said Jones had a 'strong odor of alcohol' coming from him and that he was unable to complete field sobriety tests, losing his balance and failing to touch heel to toe.

Jones' blood-alcohol level was recorded at .076 and .079, according to court records; the legal blood alcohol limit is .08 in Texas.

Under state law, impairment is possible regardless of a person's blood alcohol level, meaning a jury in Texas could reasonably determine a driver was intoxicated even if they didn't reach the 0.08 threshold.

Morales said she was disappointed with the prosecutors' decision and wrote on Twitter that she's filing under the Freedom of Information Act . 

Using the Black Lives Matter hashtag she also asked: 'Do you think others would get this consideration?? Why special rules for #AlexJones? 

'People are in jail all across America on false charges. #AlexJones protected. Why???'  

Jones' blood-alcohol level was recorded at .076 and .079, according to court records; the legal blood alcohol limit is .08 in Texas

She has been battling the conspiracy theorist over their children for more than six years and tweeted Sunday that the same lawyer in his custody battle was representing him in other cases

Morales has claimed in the past that he has been trying to financially ruin via legal action and she repeated the claim on Sunday

In another tweet she wrote: 'This is my ex, and the attorney he has used to sue me over and over again represented him. How does this happen??'

Jones is also being sued in Austin by the parents of a 6-year-old victim of the 2012 Sandy Hook massacre who claim the InfoWars host used his show to promote falsehoods that the shooting was a hoax. A defamation trial begins in November.

Morales also asked, is 'a family law attny (who is primarily a criminal attny who is knowingly assisting his client in fraud he won’t disclose) repping him on DUI charges, using his connections/power to get him off easy/hide alcoholism not material & a conflict of interest?'

DailyMail.com has reached out to Jones for comment. 

Jones took to his website in March to brand the drunk driving incident a 'DWI dragnet' and claiming he was only picked up because cops needed to up their arrest rates.

But a police report claims that cops were called to his home after a family altercation that 'was physical' earlier in the day and ended with him driving away following a verbal argument.   

In March the radio host said he had been cleared of the charges. He also alleged that the arresting officer couldn't perform the roadside 'stand on one leg' sobriety test correctly when he was trying to demonstrate it to him.  

Morales is trying to get custody of their two daughters. Their son Rex is now 18 and appears on InfoWars

Infowars founder Alex Jones said in March that he'd been cleared of the charges. Pictured, he speaks into a bullhorn at the Texas State Capital building on April 18 in a call for the country to be opened up despite the risk of the COVID-19

Earlier this year DailyMailTV revealed that Morales had launched a fresh legal bid for custody of their children in the wake of his arrest for DWI.

She has been battling the conspiracy theorist over their children for more than six years. They divorced in 2015.

Kelly was already suing him in a bid to enforce the shared custody ruling handed down by a Texas court in December 2018 – which she claims he has ignored. 

Although Kelly was awarded primary custody of their children following a jury trial in 2017, Jones repeatedly appealed the decision and it was overturned in December 2018. 

Kelly says that she believes Jones is trying to silence her through litigation – which at one stage cost her up to $100,000 per month - and would like to see her financially ruined.

She said: 'He's got the money to keep suing me and Texas keeps letting this go on – he could well bankrupt me.

Kelly said she believes her three children are in danger from the couple and now wants the two youngest – who are minors – returned to her immediately.

She said in March: 'There are emergency concerns for the children's safety including Alex's DWI arrest and the domestic violence and mental health instability revealed in those arrest reports.'

Kelly previously accused Jones of brainwashing their children and of trying to 'annihilate me financially and ruin my life' via litigation in an interview with DailyMailTV in January. 

Kelly told how her ex-husband's paranoia affected every aspect of their lives, from not being allowed to fly because of his concerns about TSA to being banned from vaccinating their children because of his antipathy to western medicine.

He insisted that she home-school their three kids but then undermined her efforts by repeatedly telling them that education 'doesn't matter'. 

Jones has denied his ex-wife's claims.