Ok, long story short. DWI in county court pending for various reasons since 2001. In reviewing the case - it should have been filed as a Felony Intox. asslt. Does the fact that it was filed, even though it was as a misd. toll the SoL?

Hernandez v. State, 127 S.W.3d 768 (Tex. Crim. App. 2004) ("The question before the Court today is whether Code of Criminal Procedure Article 12.05(b) permits an earlier indictment *769 for a violation of one law to toll the statute of limitations in the prosecution of a later indictment of the same defendant for violating a different law. We conclude that the first indictment tolls the statute of limitations if both indictments allege the same conduct, same act, or same transaction, even if the offenses charged do not fall within the same statute.").