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:
- Amputation
- Brain injuries
- Broken bones
- Burns
- Eye injuries resulting in partial or total blindness
- Loss of limb use
- Neurological injuries
- Scarring
- Soft tissue and internal organ injuries
- Spinal cord injuries
How Is Intoxication Assault Charged in Texas?
Intoxication assault is basically a DWI, but there is an additional element: the defendant by mistake or by reason of intoxication caused serious bodily harm to someone else. No prior convictions are required for a DWI to be elevated to a felony intoxication assault.
DWI intoxication assault is a third-degree felony in most cases, although there are a few exceptions.
This charge is a second-degree felony if:
- The accident caused brain damage or left someone in a vegetative state
- The accident involved a peace officer
Penalties for Intoxication Assault
Intoxication assault is a serious offense in Texas, occurring when a person operates a vehicle while intoxicated and causes serious bodily injury to another individual. Intoxication assault is usually charged as a third-degree felony in Texas, meaning it carries significant criminal penalties and administrative consequences.
The penalties for a third-degree intoxication assault conviction in Texas include:
- Imprisonment for 2 to 10 years: In some cases, the sentence can be enhanced based on factors such as prior convictions or aggravating circumstances.
- Fines up to $10,000: A person convicted of intoxication assault may face significant fines, which can amount to thousands of dollars.
- Driver’s license suspension for 180 days to 2 years: The court may order the suspension of the individual's driver's license upon conviction.
If the assault victim suffers substantial bodily harm, and they are an on-duty firefighter, police officer, or emergency medical personnel, the crime can be charged as a second-degree felony. This type of felony charge can result in a 20-year prison sentence, among other consequences.
Defenses for Intoxication Assault in Texas
When facing intoxication assault charges, it is essential to have a strong defense strategy tailored to your specific case.
Some common defenses include:
- Challenging Intoxication: The prosecution’s evidence may be challenged, such as the accuracy of field sobriety tests or readability of the breathalyzer.
- Causation: It is possible that other factors may have contributed to the actual cause of the serious bodily injury. An intoxicated assault attorney can investigate this.
- Constitutional Violations: If your rights were violated when you were arrested through improper police conduct or issues related to search and seizure laws, you may have a case against the prosecution.
- Lack of Proof: If the prosecution has failed to provide sufficient evidence to prove the intoxication assault charge beyond a reasonable doubt, your Austin intoxication assault defense attorney can argue that there is a lack of proof to charge you.
At Smith & Vinson Law Firm, we offer a free consultation to discuss your case, providing highly personalized representation tailored to your needs. With years of experience, our team has the knowledge and skills necessary to navigate the complexities of intoxication assault cases and develop a strong defense strategy on your behalf.
Contact our Austin intoxication assault lawyers today to schedule your consultation and benefit from our dedicated legal representation.
How Our Intoxication Assault Attorneys Can Help
Facing an intoxication assault charge in Austin, Travis County, or anywhere in Central Texas can be daunting. The stakes are high, with potential penalties including thousands of dollars in fines, loss of driving privileges, and significant prison time. Having a knowledgeable and experienced attorney by your side is crucial in navigating the complexities of the legal system and working towards the best possible outcome for your case.
Our intoxication assault defense attorneys begin by thoroughly investigating the circumstances of the incident. This may involve:
- Reviewing police reports
- Examining evidence
- Interviewing witnesses
- Consulting with experts
This comprehensive investigation helps identify any weaknesses or inconsistencies in the prosecution’s case, which can be pivotal in building a robust defense strategy.
Our experienced attorneys understand the nuances of Texas’s intoxication assault laws and how they apply to your case. We can challenge the legality of the traffic stop, the accuracy of sobriety tests, and the handling of evidence. For example, if the arresting officer did not have probable cause to make the stop, any evidence gathered as a result may be inadmissible in court. Similarly, if field sobriety tests or breathalyzer results were not conducted correctly, their reliability could be questioned.
Moreover, an attorney from our firm can negotiate with prosecutors on your behalf. In some cases, we may be able to secure a plea bargain, reducing the charges or penalties you face. This could mean the difference between a felony and a misdemeanor charge or a shorter sentence and probation instead of incarceration.
Our team provides critical support and guidance throughout the legal process, ensuring that you understand your rights and options at every stage. We are here to prepare you for court appearances, help you make informed decisions, and advocate for you in front of a judge and jury if your case goes to trial. In essence, your attorney is your advocate, strategist, and protector, working tirelessly to achieve the best possible outcome in your intoxication assault case.
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.
Our Client Reviews
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Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.- Linda W.
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What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.- Former Client
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When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.- Nikki C.
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After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.- Former Client
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Check Out Our Recent Case Results
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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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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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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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Deferred Adjudication Aggravated Assault & Tampering with Evidence
Our client was involved in a verbal dispute that turned into an altercation where a firearm was discharged into the ground. The round ricocheted and grazed a party to the dispute. Our client was facing multiple felony convictions and a prison sentence.
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Deferred Adjudication Aggravated Assault Family Violence w/ Serious Bodily Injury
Our client was involved in a domestic altercation that resulted in one of the parties sustaining a very serious life -altering injury that required serious medical intervention. We took the case and approached our defense with heavy strong willed negotiations with the State.
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Rejected Pre-Indictment Aggravated Assault Strangulation/Impeding Airway Investigation