Intoxication Assault

What is Intoxication Assault in Texas?

Intoxication Assault in Texas is defined in Texas Penal Code Section 49.07. Even though it is called an assault, it applies to car accidents, not intentional assaults (like a bar fight, those are in Chapter 22 of the Penal Code). Intoxication assault is basically a DWI case with the additional element. Intoxication assault is when you are driving while intoxicated and by reason of your intoxication, you cause serious bodily injury to another.

What is Intoxication?

Intoxication is defined in Texas Penal Code Section 49.01 in 3 different ways. You only need one of these to be considered intoxicated in Texas, not all three.

  1. Not having the normal use of mental faculties because of drug or alcohol use
  2. Not having the normal use of physical faculties because of drug or alcohol use
  3. Having an alcohol concentration of 0.08 or more.
What is a Serious Bodily Injury?

Serious bodily injury means the injury created a substantial risk of death or causes death, serious permanent disfigurement, or loss or impairment of a bodily member or organ.

3rd Degree Felony

The punishment for Intoxication Assault can range anywhere from a 3rd degree to 1st-degree felony. The definition set out in paragraph 1 of this article list out the elements that constitute a 3rd-degree felony Intoxication Assault. The punishment for a 3rd-degree felony can range anywhere from 2-10 years in jail with a fine not to exceed $10,000.

2nd Degree Felony

For the Intoxication Assault to be considered a 2nd-degree felony, the actor causes serious bodily injury to a peace officer, firefighter, or emergency medical services personnel while they are on duty. The case can also be charged as a 2nd-degree felony if the actor causes a traumatic brain injury putting the alleged victim in a vegetative state. A 2nd-degree felony punishment can range anywhere from 2-20 years in jail with a fine not to exceed $10,000.

1st Degree Felony

Intoxication Assault is a 1st-degree felony if the actor causes serious bodily injury to a peace officer or judge while that officer or judge is in the discharge of an official duty. The punishment for the 1st-degree felony can range anywhere from 5-99 years in jail with a fine not to exceed $10,000.

There are several ways our team can fight your Intoxication Assault case. One option is to have the state prove your intoxication and start our defense approach there. This would be just like defending a DWI case, were you intoxicated at the time of driving? The State must prove that beyond a reasonable doubt you were intoxicated. We can approach this through your blood/breath score or the videos the state uses to prove you were not intoxicated. Among several other tactics, we can implement to help defend your case. If you are facing an intoxication assault case in Texas, call Guest and Gray we offer free consultations and look forward to working with you.

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