The law for Intoxication Assault in Texas is as follows:
Section 49.07 of the Texas Penal Code, states, in relevant part, the following -
(a) A person commits an offense if the person, by accident or mistake:
1. while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or
2. as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.
(b) In this section, "serious bodily injury" means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(c) An offense under this section is a felony of the third degree.
Intoxication Assault Defined
If you have been involved in a vehicle accident after consuming alcohol and driving, you may be charged with the felony offense of intoxication assault in Texas, which can lead to severe penalties if you are convicted. At trial, the state of Texas must prove beyond a reasonable doubt that you were intoxicated and caused serious bodily injury to another person. In addition, they must prove the accident was a direct result of the intoxication. The injury sustained by the other person could have been the result of an accident or mistake, but you can still be charged with this serious offense. It is important to contact an experienced Texas DWI Defense attorney who can help you identify possible mitigating factors or defenses to your particular situation if you have been charged with an intoxication assault.
Intoxication Assault Range of Punishment
Potential range of punishment: Imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, and/or a possible fine not to exceed $10,000.00.
Statute: Texas Penal Code: Section 49.07
If you are convicted of Intoxication Assault in Texas, you may be granted probation ( if there is not an additional charge of Deadly Weapon). This means that your vehicle could be classified as a Deadly Weapon depending on the nature of the accident. It does not mean that you were carrying a gun, a club or a knife. It is a method of the state to increase the seriousness of your case, making it legally impossible for probation to be an option. If there is no Deadly Weapon charge, your probation may be conditional with minimum of a 30 day jail term of confinement.
Serious Bodily Injury
Under Texas law, serious bodily injury is defined as injury to a person that causes impairment or loss to any body part or organ for a lengthy period of time or permanently, or any injury that will likely cause death. Although this type of injury may not immediately be apparent after an intoxication assault accident, the alleged DWI offender could still be charged with this offense if the injuries appear at a later time.
Contact Us Now
You can contact The Law Offices of Carl David Ceder at anytime for assistance at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at Carl@CederLaw.com; or to the office for general inquiries at Info@DFWDefenders.com. Phones should be answered 24 hours a day/7 days a week for immediate and prompt assistance. E-mail messages will try to be responded to with 24-48 hours, depending on whether Carl and his team is in trial and/or is busy working on a case for a contested hearing.