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Charged with DWI?
Protect Your License
Before Time Runs Out.

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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    “I hired Brad Vinson to handle a legal matter and I could not have made a better decision! Brad was attentive, listened to the facts of the case, and strategized a plan that would lead to the best result possible. Brad was communicative, available, and ultimately delivered on what he stated he would do. During this process, there were no unexpected hiccups because Brad understands the law, and understands how to defend his clients. There is no doubt that I would recommend Brad and the whole team at Smith & Vinson to represent any individual that needs legal representation. The whole team is fantastic, and delivers fantastic results.”

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    “I want to start off by saying Smith and Vinson Law Firm is top notch lawyers. I had a case that the DA and prosecutor was very stern about their decision and not letting up on my charges. My lawyer Matt Watkins treated my case as if he was on trial himself. He went in and fought until we won the battle. Matt Watkins spent countless hours working and reviewing my case and ensuring that my case was dismissed. I was highly satisfied on how Matt showed a passion for my case and handled it aggressively and professionally. I just want to thank this law firm one last time for handling business when it came down to crunch time. I want to also recognize Jarrod Smith for overseeing my case and giving me words of encouragement and showing 130% competence and confidence, while doing so. I will recommend this law firm to anyone that is in need of the legal issues that this firm specialize in. THANKS ONCE AGAIN!!!!!!!!”

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    “Brad was extremely professional throughout the entire process. He was direct and prompt in responding to my inquiries and I felt at ease knowing he was taking care of my case. I will definitely use Brad and his firm in the future and highly recommend them if you need an excellent defense attorney! Thanks Brad!”

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  • 110% glad I chose Jarrod to represent and fight for me.

    “Pay them, be honest with them and communicate with them and they will fix your mistake. Plain and simple. Charged 1st DWI offense. Called in. Told them scenario. Worked with payment methods (very important) .I had numerous lawyers to choose from. 110% glad I chose Jarrod to represent and fight for me. Throughout whole process I had the utmost confidence in Mr. Smith and his work. the goal when we first met was to "get the DWI dismissed" and that is exactly what happened. mission accomplished. if you need a DWI removed call jarrod”

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    “Jarrod Smith of Smith and Vinson Law Firm provided me with the best service I could have possibly asked for. Having no background in law and finding myself in a situation that left me feeling extremely vulnerable, I felt quickly at ease in their care. They were very reasonable with my situation and helped work around my needs in providing me the most support and information on how to best handle my case. I'd recommend this firm to anyone seeking help with a traffic violation of any kind. I feel that if it weren't for them I would have been heavily misguided and probably would not have made it through the system with the best possible outcome for me. 5 Stars for their service, generosity, and in making me feel like a top priority!”

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