Intoxication assault is a third-degree felony in Texas. Punishable from 2 to 10 years in prison, it is defined as operating a motor vehicle while intoxicated, when another person suffers serious bodily injury as a result of such intoxication. Intoxication assault covers auto accidents and also accidents involving watercraft, aircraft, and amusement park rides.
As Houston DWI defense attorneys with extensive trial experience and an impressive record that includes over 100 Not Guilty verdicts, we at Thiessen Law Firm are here to protect your interests in the face of intoxication assault charges. If you have been arrested, waste no time in contacting our offices for a free consultation. We can advise you of your options, your rights, and how we can begin the process of setting your life back on track.
For your free case evaluation, call (713) 864-9000 or contact us online. Felony charges require serious, aggressive, and immediate criminal defense counsel.
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Texas Penal Code Sec. 49.07: Intoxication Assault (DWI Causing Injury)
It is important to note that simply being involved in an auto accident while intoxicated does not constitute intoxication assault. The following factors must apply:
- Another person must have sustained serious bodily injury; and
- The accident must have been the proximate cause of your intoxication.
Sometimes referred to as DWI causing injury or DWI assault, intoxication assault is classified as a third-degree felony under Texas Penal Code Sec. 49.07. For this charge to apply, another person must have suffered “serious bodily injury,” or “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.” The accident must also have been your fault.
Intoxication assault charges must be proven beyond a reasonable doubt, and that is where our Houston criminal defense lawyers can make all the difference. After meticulously preparing your case and getting to know it better than anyone else, we can develop a strategy that exposes doubt and grants you the opportunity of a favorable verdict.
Call (713) 864-9000 to learn more about intoxication assault and how our firm can help you.