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Charged with DWI?
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Intoxication Assault Defense Attorneys

We Will Fight to Protect Your Rights

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 that is not taken lightly by courts, especially when the assault victim suffers serious bodily injury. A person can be charged with intoxication assault if they cause harm while operating any the following vehicles under the influence of alcohol:

  • Car
  • Truck
  • Motorcycle
  • Aircraft
  • Boat
  • Other Watercraft

How Is Intoxication Determined?

Intoxication is determined based on a person’s blood alcohol content (BAC) level. A person is considered to be intoxicated if their BAC level exceeds the legal limit. Being under the influence of drugs is also considered a form of intoxication. In Texas, the legal limit for a person’s BAC level is 0.08.

What Is Considered “Serious Bodily Injury”?

In order to be charged with intoxication assault, it must be proven that the driver’s intoxication and actions contributed to the other person’s injuries. Serious bodily injury is any injury that can cause permanent damage, disfigurement, or death.

Punishment for Intoxication Assault

Intoxication assault is a third degree felony in Texas, which is punishable by:

  • 2 to 10 years in state prison
  • $10,000 fine
  • Fine & time in state prison

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 treated as a second degree felony. This type of felony charge can result in a 20 year prison sentence.

Intoxication Assault is a Third-Degree Felony

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

Defense for Intoxication Assault

There are possible defenses to a charge of Intoxication Assault, including that the defendant was not intoxicated, the injury is not considered “serious bodily injury” under the law, or that the intoxication did not result in the accident or injury.

Speak to our Legal Team. Call (512) 359-3743 Today.

If you’ve been pulled over, accused, or arrested, for intoxication assault, you should immediately seek legal assistance from an experienced DWI lawyer. At Smith & Vinson Law Firm, we have years of experience helping our clients overcome the charges against them. We know that intoxication assault charges and the ensuing penalties can be very serious, which is why we will 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. We 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 lawyersto schedule your free case consultation today.

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