Criminal Defense Intoxication Cases
Intoxication Assault
Intoxication Assault is a serious felony charge under Texas Penal Code § 49.07. It occurs when a person, by accident or mistake, causes serious bodily injury to another person while operating a motor vehicle, aircraft, watercraft, or amusement ride while intoxicated. Unlike a standard DWI, intoxication assault requires that someone else was seriously injured as a result of your intoxicated driving. Todd Rash has extensive experience defending clients against these serious charges in Tarrant County and throughout North and Central Texas.
What Is Serious Bodily Injury?
Texas law defines serious bodily injury as an injury that creates a substantial risk of death, causes permanent disfigurement, or results in protracted loss or impairment of the function of any bodily member or organ. This is a higher standard than ordinary bodily injury and is a key element the prosecution must prove beyond a reasonable doubt.
Standard Intoxication Assault Charge
Intoxication assault is typically charged as a third-degree felony, carrying a sentence of 2 to 10 years in the Texas Department of Criminal Justice and a fine of up to $10,000. The defendant may also face civil liability from the injured party in addition to criminal penalties.
Enhanced Intoxication Assault
The charge is elevated to a second-degree felony, punishable by 2 to 20 years in prison, if the victim suffered a traumatic brain injury resulting in a persistent vegetative state, or if the victim was an on-duty firefighter, emergency medical services personnel, or peace officer. A first-degree felony applies if the victim was an on-duty judge.
Consequences Beyond Prison
A felony intoxication assault conviction results in loss of voting rights, loss of the right to possess firearms, difficulty finding employment, and potential civil lawsuits. The conviction will remain on your record permanently unless successfully challenged. Acting quickly with an experienced attorney gives you the best chance of a favorable outcome.
Potential Penalties
- › 3rd degree felony: 2–10 years prison, up to $10,000 fine
- › 2nd degree felony (TBI or victim was first responder): 2–20 years prison
- › 1st degree felony (victim was on-duty judge): 5–99 years prison
- › Driver's license suspension
- › Permanent felony record
Possible Defenses
- › Disputing that the injury qualifies as "serious bodily injury"
- › Challenging evidence of intoxication
- › Causation: another factor caused the accident
- › Improper BAC testing procedures
- › Unlawful traffic stop or arrest
Frequently Asked Questions
Facing Intoxication Assault charges?
Todd Rash has a proven record defending clients throughout Texas. Call now for a free consultation.
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