
Austin Intoxication Assault Defense Attorneys
Understanding Intoxication Assault Charges in Central Texas
In the state of Texas, if a person is drinking and driving and causes injury to another individual, they can be charged with intoxication assault. The crime of intoxication assault is a felony offense, meaning it is not taken lightly by courts, especially when the victim suffers severe bodily injury.
A person can be charged with intoxication assault if they injure another person while operating any the following vehicles under the influence of alcohol:
- Car
- Truck
- Motorcycle
- Aircraft
- Boat
- Personal watercraft
This is a very serious type of DWI offense, with penalties ranging from years in prison to thousands of dollars in fines, mandatory driver’s license suspension, and more. If you or someone you love has been arrested for intoxication assault in Austin or anywhere in Travis County, seek help from a qualified criminal defense attorney right away.
Contact Smith & Vinson Law Firm now at (512) 359-3743 to learn how our Austin intoxication assault defense attorneys can help during a free, confidential consultation.



Defining “Intoxication” in Texas
Under state law, intoxication is determined based on a person’s blood alcohol content (BAC) level. A person is considered “intoxicated” if their BAC level exceeds the legal limit of 0.08% for those 21 and older. For those under the age of 21, it is unlawful to operate a motor vehicle with any detectable BAC, meaning someone who is not yet 21 years old can be charged with underage DUI and intoxication assault if they have any amount of alcohol in their system.
Being under the influence of drugs is also considered a form of intoxication. Drugs, including both legal prescription medications and illicit substances, are typically measured through chemical testing, such as blood or urine tests.
What Is Considered “Serious Bodily Injury?”
To charge someone with intoxication assault, the officer must prove that the driver’s actions resulting from intoxication contributed to the victim’s injuries. Specifically, they must prove that the alleged offender caused “serious bodily injury” to another person as a result of being intoxicated or impaired by alcohol or drugs.
In Texas, “serious bodily injury” is defined as any injury that leads to a significant risk of death or causes permanent and substantial disfigurement, impairment, or death.
Examples include:

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Probation (was looking at 25 to life in prison) Felony DWI
Our client was arrested and charged with DWI. The alleged BAC was 0.083. However, because he had 6 prior DWI’s and had previously been to prison multiple times, the client was facing 25 years to life in prison. The client accepted responsibility for the crime and our attorneys set this case for a sentencing hearing in front of the judge, where we put on a strong mitigation case with multiple witnesses. We were able to avoid prison or jail for the client. He was sentenced to probation.
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Case Dismissed DWI
Our client left 6th Street at 2:00 AM after celebrating an anniversary and fell asleep at the wheel. He was arrested for DWI at 4:30 AM and blew a .138 on the breathalyzer.
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Case Dismissed/Charges Reduced DWI With Child Passenger - Felony
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Not Guilty DWI .24 Blood Warrant
Our client, an older male working professional, was stopped for a traffic violation while leaving downtown Round Rock. A major issue arose with the blood analysis conducted by a DPS analyst who had a prior disciplinary history.
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Case Dismissed DWI
Our client was stopped for a headlight that had gone out and was then arrested for and charged with DWI. He consented to a breath test and blew a .11. Upon reviewing the dash cam video, we discovered that the field sobriety tests were performed off camera. We knew that the video would not be usable in trial and used this information to pressure the prosecutor during our negotiations.
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Case Dismissed DWI
Our client was pulled over for failure to signal intent to turn. The arresting officer claimed the vehicle accelerated at a high rate of speed (67 MPH in a 30 MPH zone) resulting in a chase. When our client stopped, the officer noted the smell of alcohol on our client’s breath.
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Case Dismissed Intoxication Assault
Our client had allegedly been drinking with friends after work. He woke up in the hospital after an accident that severely injured another person. We fought for our client in our negotiations with the prosecutor on his felony Intoxicated Assault charge and worked with the injured party’s insurance company on a plan to compensate her for her injuries. The felony was ultimately dismissed and reduced to a misdemeanor DWI charge.
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Pre-Trial Diversion DWI Voluntary Blood Draw
Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit.
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Not Guilty 2nd DWI
Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.
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Pre-Trial Diversion DWI Voluntary Blood Draw
Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit. Our client has a prior felony conviction. The State waited a full 2 years after the incident and right before the deadline of the statute of limitations were to expire to file the charges against our Client.
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Case Dismissed DWI
Our client was stopped by a police officer for driving the wrong way down a one-way street. A Blood Warrant was issued, and the test came back .09. Our client was new to the area and attempting to get a job. Pleading guilty to a DWI was not an option. After negotiating with the prosecutor, our firm was able to get the DWI charge dismissed after successful completion of 18 months deferred prosecution.
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Motion to Suppress Granted; Case Dismissed DWI 2nd .209
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Not Guilty DWI .17 Blood Result
A soldier on base at Fort Hood hit a parked car in the parking lot of his barracks while attempting to back into a parking space. A bystander called 911, believing the driver to be drunk. Military Police investigated the incident and performed field sobriety tests. The soldier was arrested for DWI and his blood was drawn for analysis. The lab results came back, showing an alleged blood alcohol content of 0.178.
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Case Dismissed Felony DWI w/ Child Passenger
After spending Thanksgiving Day with her family, our client drove home with her daughter in the backseat of her car. She was pulled over for speeding and given a warning. At that point, she should have been free to leave. Instead, a backup officer arrived on scene and demanded that the client step out of the car so he could perform an “investigation.”
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Not Guilty DWI .22 Blood Warrant
This was the 2nd time we tried this case. First one ended in a mistrial last year. 911 caller reported 2 people leaving a restaurant belligerent and stumbling. Officer arrived on scene, conducted field sobriety tests and arrested client for DWI. Client refused to provide a sample. Warrant was obtained and blood came back a .22.
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Case Dismissed 2nd DWI
Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist
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Case Dismissed; Charges Reduced Felony DWI
Our client was arrested for her fourth DWI with an alleged BAC of 0.168. The State aggressively prosecuted this case and sought prison time. We were able to work with the client on a mitigation strategy that resulted in the State agreeing to drop the felony and offer probation on a misdemeanor, keeping the client out of jail.
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Motion to Suppress Granted During Trial DWI .11 Blood Warrant
This was the 2nd jury trial for this case. First one was a 4-2 hung jury for not guilty. This trial ended in a dismissal by the State mid-trial after we fought and won a motion to suppress. Client and his wife pulled off on the side of the road sleeping in truck with engine running. Client in driver seat with seat laid way back. Officers say they smelled odor of alcohol coming from vehicle but didn’t specify who in the car it was coming from.
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Case Dismissed DWI
Our client was charged with a DWI in Waco when he was caught crossing through a ditch to get to a frontage road during traffic. He admitted to having three drinks and performed SFSTs. However, he refused to provide breath or blood to the officers.
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NOT GUILTY DWI
911 caller reported our client passed out in the middle of an intersection. Police arrived on scene, and would later find meth, cocaine, and THC gummies inside the car. There were also two open containers of alcohol in the front console. Client was very groggy and unintelligible but woke up pretty quickly after officers arrived. According to the officers, the client failed the field sobriety test. But, of course, they always say this.
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Not Guilty 2nd DWI
911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.
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Case Dismissed DWI
Our client, a veteran, fell asleep at the wheel and was involved in an accident. He was arrested for DWI and refused to give a breath or blood sample to the police. He came to us concerned that a DWI conviction would put an end to his military benefits. We received a plea offer for a DWI conviction with 15 months of probation, but we knew we could do better.



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“From the first call to the last, they stayed in communication with me and let me know every step of the way. The attorneys at this office and the support staff got my case dismissed with no problems. If you find yourself in a situation, I highly recommend calling this firm.!”- Lyndsey O.
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“I’ve worked with a few law offices over the years, but Smith and Vinson made the biggest impression. From the first time I heard and met with them, they were professional, kind, and genuinely attentive.”- Thomas A.
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“They didn’t waste time, explained everything clearly, and were super prepared. If you need a criminal defense lawyer in Austin, this is a firm you can trust!”- Keira C.
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“Very dedicated & professional! I always knew where things stood in my case at ALL TIMES and I received the outcome that I needed nobody is going to fight harder for you! Thanks again Charlie Falck and Annie Mann you guys are genuinely the best :)”- Taylor T.
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“Very professional and efficient throughout my entire case. They took my situation seriously, explained every step, and made sure I felt supported. You can tell they’ve handled serious cases in Travis County before.”- Destiny E.
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“Brad really takes the time to get to know your situation. He was sharp, respectful, and didn’t sugarcoat anything.”- Kayla S.
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“From our very first consultation, Charlie took the time to truly understand my situation, explain my options clearly, and guide me every step of the way. I highly recommend him and his staff.”- Didi C.
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“The entire staff was incredibly helpful, responsive, and made me feel supported every step of the way. I’m truly grateful for their expertise and care, they made a stressful situation so much easier to navigate.”- Cielo J. R.
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“I can't thank this firm enough! Brad Vinson is a top-notch attorney who fights relentlessly to get cases dismissed. His dedication and expertise truly set him apart.”- Iayni M.


Contact Us Now for a Free, Confidential Consultation
If you’ve been pulled over, arrested, or charged with intoxication assault, you should immediately seek legal assistance from an experienced Austin intoxication assault defense lawyer. At Smith & Vinson Law Firm, we have years of experience helping our clients overcome serious charges. We know that intoxication assault charges and the ensuing penalties can be very serious, which is why we aggressively defend your rights and take care of all aspects of your case.
Our team is familiar with these types of cases, and we know what legal strategies can work for you. Our attorneys can help you prove that the basis of your charge was fabricated, or that the evidence against you was improperly collected. Let us put our skills to work for you.
Contact our team of Austin intoxication assault defense lawyers to schedule your free consultation today. Call us at (512) 359-3743.

