Driving after having too much to drink could lead to an arrest for a DWI in Texas. However, getting pulled over for drunk driving is better than getting into an accident while intoxicated. A drunk driving car accident can lead to intoxication assault charges if anyone is seriously injured in the accident.
A driver who is arrested for intoxication assault may not have been impaired at the time of the accident or may not have been the cause of the accident. If you are charged with intoxication assault, contact Texas DWI/DUI defense lawyer Jason S. English to fight for your rights, stay out of jail, and keep a criminal conviction off your record.
Intoxication Assault Law in Texas
Under Texas Penal Code § 49.07, a person commits the offense of intoxication assault while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another.
“Serious bodily injury" means an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
Discover the Key Differences Between Intoxication Assault and DWI in Texas
Intoxication assault in Texas is a serious offense under Texas Penal Code, distinct from a DWI. When a person commits intoxication assault, they cause serious bodily injury to another while operating a motor vehicle or amusement ride while intoxicated. This third-degree felony charge involves substantial risk, such as permanent disfigurement or protracted loss of bodily member or organ. Unlike a DWI, intoxication assault charges carry severe penalties, including two to ten years in county jail. The consequences of an intoxication assault conviction can impact a person's future, making it essential to consult a criminal defense attorney to explore possible defenses.
Penalties for Intoxication Assault
Intoxication assault is a 3rd-degree felony in Texas. The penalties for a 3rd-degree felony conviction include:
- 2-10 years imprisonment,
- Fine of up to $10,000,
- License suspension for 180 days to 2 years.
In addition to jail and fines, intoxication assault also carries the penalties and restrictions of other DWI offenses, including DWI school, higher insurance premiums, and an ignition interlock system.
Drivers convicted of a DWI may be required to attend an alcohol education course and obtain an interlock device on their vehicle during the license suspension period. You will be required to pay for the cost of these yourself as well as any fees the Department of Motor Vehicles requires for reinstatement of your driver's license at the end of any suspension period.
A DWI conviction in Texas can severely damage your reputation, limit your legal options, and increase your insurance premiums. If you are charged with an intoxication assault offense, the consequences are even more severe. A second-degree felony, intoxication assault can lead to significant jail time and the loss of rights, such as gun ownership and voting. The person convicted may struggle to find employment, especially in jobs requiring driving. Employers often hesitate to hire individuals with a DWI or intoxication assault charge on their record, particularly when serious bodily injury or personal injury is involved. Additionally, those convicted may face enhanced offenses under Texas law, especially if the defendant's intoxication led to a persistent vegetative state, traumatic brain injury, or the use of a deadly weapon. This can further complicate the legal options available to the person charged, making it crucial to consult experienced law offices immediately.
Intoxication Assault Defense
In order for the prosecutor to get a guilty verdict, the prosecutor has to prove every element of the offense beyond a reasonable doubt. The elements of intoxication assault include proving the driver was:
- Operating a motor vehicle in a public place while intoxicated; and
- By reason of that intoxication causes serious bodily injury to another.
Talk to your Travis County DWI defense lawyer about the best defense strategies in your intoxication assault case. Your lawyer will investigate your case, review police records, and identify the strongest defense strategies to challenge your criminal charges.
The police and prosecutors often rely on chemical test results to show that the driver was intoxicated. Breath tests or blood tests are not always accurate. Improper chemical tests can result in false positives. Your attorney may be able to challenge the results of a breath or blood test in your DWI case. A “Motion to Suppress” can get the evidence thrown out based on:
- Improper calibration,
- Test conducted by an unqualified person,
- Improper tracking or labeling of the sample,
- Improper instructions, or
- Improperly administered test.
The police may have also conducted field sobriety tests to use as evidence that the driver was intoxicated. These so-called "tests" are notoriously inaccurate and rely on the officer's interpretations of the driver. These "tests" are also susceptible to false positives when a person has a physical or mental condition that may interfere with the tests. The results of the field sobriety tests can be challenged in various ways to show that the officer was inaccurate in his or her instructions or observations.
Austin Criminal Defense Attorney
Jason S. English was a criminal prosecutor in Texas for 15 years. He understands how prosecutors approach DWI cases and what prosecutors try to do to get a guilty plea. Before pleading guilty to any crime, make sure you understand your rights and options to fight the criminal charges.
If you are accused of intoxication assault in Texas, it is important to speak to a criminal defense attorney right away. Contact Texas DWI lawyer Jason S. English online or call (512) 454-7548.
