Q: (denton) Charged w/2nd DWI &Retaliation--- for obnoxious drunken verbal chatter??
Is this "Retaliation charge" something new that Tx is beginning to add onto DWI arrests?? I had absolutely No Idea that being obnoxious, could carry such a heavy penalty charge. Am I really facing serious TDC sentencing??
thanks for your help
A: DWI 2nd is not a felony offense in Texas, and you cannot receive a TDC sentence for it. The state has to prove that you were intoxicated, not simply that you were being obnoxious.
Threatening to hurt an officer BECAUSE he was executing his duty as an officer has been the offense of Retaliation for years and years. The only thing new in that law are the anti-doxing bits that were added in 2015 about posting the officer's private information on the internet.
You can read the law on Retaliation here: http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.36.htm#36.06
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