Diaz was previously arrested on August 11, 2007 by the Montgomery Police Department for reckless driving which was later dismissed by Judge Watson. As he plead guilty to a DWI charge then and was put on probation which was later revoked forcing him to spend 50 days in jail.
Then on February 5, 2011 he was arrested once again in by DPS Trooper DeFrance and charged with his second DWI. He was also charged with driving while license invalid. He was given a bond on both which has not been surrendered by order of Judge McDonald. This second DWI was to go to court on April 1, 2011.
On March 3, 2011 he was stopped in Montgomery and arrested by Montgomery Officer Kyle Montgomery for driving while license invalid.
Since he has not had a final conviction on the second DWI the new charge is not a felony as it is required to have two prior convictions.