Texas intoxication assault lawyer
Mark Thiessen is an experienced Texas intoxication assault lawyer. He is Board Certified in DUI Defense by the National College for DUI Defense as approved by the American Bar Association and approved by the Texas Board of Legal Specialization for his expertise in defending clients against accusations of intoxication assault, intoxication manslaughter, and other DWI offenses. He is one of only 5 DWI specialists in Texas. And of those, the only lawyer who is also a ACS-CHAL Lawyer-Scientist by the American Chemical Society.
As a Houston DWI specialist with extensive trial experience and an impressive record that includes over 100 Not Guilty verdicts, Mark Thiessen and his team at the Thiessen Law Firm are here to protect your interests as you face charges for intoxication assault in Texas. If you have been arrested, waste no time in contacting our offices at 713-864-9000 to schedule a free consultation. Mark Thiessen is also one of the only attorneys to have achieved a Not Guilty verdict from a jury for Intoxication Assault.
“I knew within 10 seconds after meeting Mark that he was going to be the attorney representing me in my case.
If you do not hire Mark Thiessen to represent you in your DWI case, then you will be making a huge mistake that could personally and professionally follow you around for the rest of your life.”Greg, DWI Client – 2020
What is intoxication assault in Texas?
In Texas, intoxication assault is defined as causing serious bodily injury, permanent disfigurement, or protracted loss or impairment to another person as the result of operating a motor vehicle while intoxicated. Intoxication assault covers auto accidents and also accidents involving watercraft, aircraft, and amusement park rides. Intoxication assault is a third-degree felony in Texas, and the penalties for intoxication assault include anywhere from 2 to 10 years in prison and/or fines up to $10,000.
Intoxication assault does not refer to acts of physical violence committed while intoxicated. For example, if you hit someone in a fight while you are drunk, you will be subject to charges for assault in Texas or aggravated assault charges and not intoxication assault.
It is important to note that simply being involved in an auto accident while intoxicated does not constitute intoxication assault. According to Texas Penal Code Sec. 49.07 the following factors must apply in order for a charge to be considered intoxication manslaughter:
- Another person must have sustained serious bodily injury; and
- The accident must have been the proximate cause of your intoxication.
In other words, if you get an accident while intoxicated, but no one is injured, it would not be accurate to charge you with intoxication assault. Similarly, if you are intoxicated at the time of an accident caused by someone else running a red light, you should not be charged with intoxication assault, even if the other party was injured in the accident or mistake.
Intoxication assault vs. intoxication manslaughter
The definition of intoxication assault is somewhat open-ended, which leaves some asking, “How is intoxication assault different from intoxication manslaughter?” The answer is literally a matter of life and death. Intoxication manslaughter occurs when a person causes “a fatal motor vehicle accident while driving under the influence of drugs or alcohol at the time of the crash.”
However, you could be charged with both intoxication manslaughter and Texas intoxication assault if you are suspected of being under the influence of drugs or alcohol when you caused an accident that killed someone and injured someone else. In that case, you would be charged with both offenses as they apply to different victims.
Check out our blog to take a deeper look at the differences between manslaughter, intoxication manslaughter, and vehicular manslaughter.
How Thiessen Law Firm fights for those accused of Texas intoxication assault
Texas Intoxication assault cases aren’t as open-and-shut as they may seem. In order to be convicted of intoxication assault, the state must prove beyond a reasonable doubt that you are guilty of the crime as accused. And in that context, details matter.
In order to convict you of intoxication assault, the prosecution must prove beyond a reasonable doubt that:
- You were intoxicated at the time of the accident
- The alleged victim sustained serious bodily injury during the accident
- The accident was caused as a result of your intoxication.
There are multiple strategies we use as DWI lawyers to challenge these charges at each of the levels listed above. As a Forensic Lawyer-Scientist, Mark Thiesen possesses the necessary scientific knowledge to effectively challenge any bad evidence of intoxication in an intoxication assault case, including poorly administered/handled tests, inaccurate toxicology work, poor accident analysis, and more.
We carefully examine each element of your intoxication assault case, working with outside experts where necessary to help us craft the strongest possible defense for your case.
Meet with a top assault attorney in Houston
If you have been charged with Texas intoxication assault, it’s wise to contact an experienced DWI attorney in Houston ASAP. It’s important to hire a lawyer who has actually won an Intoxication Assault jury trial, which Mark Thiessen has done. Thiessen Law Firm’s Mark Thiessen is Board Certified in Criminal Law by the Texas Board of Legal Specialization and Board Certified in DUI Defense by the National College for DUI Defense. and is available 24 hours a day, 7 days a week to ease your concerns and protect your freedom.