Legal Question in Criminal Law in Texas

Formal criminal charges

If an individual is charged with public intoxication rather than DWI, though it is apparent the person has been behind the wheel, can the charge be upgraded to DWI after the fact, and, if so, would such a charge stick?


Asked on 12/11/99, 3:41 pm

1 Answer from Attorneys
Alicia Fortson Law Offices of A. G. Fortson

Re: Formal criminal charges

In order to be charged with DWI you must be just that DRIVING while intoxicated. If it is just appears that the person had at one point been driving, he/she should not be found guilty of DWI. Thus, without meeting the elements of the charge, it is unlikely that the public intoxication charge will be bumped up.

If you are in the Dallas area or its contiguous counties, please feel free to contact my law office for additional assistance at 214-712-9242.

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Answered on 12/15/99, 8:44 am


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