If you have been charged with intoxication assault in Frisco, TX, you could face several penalties, including jail time, fines, the loss of your driver’s license, and a felony record for life, preventing you from voting, owning a gun, and many other rights. Intoxication assault is a criminal charge covering any situation in which someone injures another person while driving drunk. An intoxication assault lawyer in Frisco from the Law Offices of Randall B. Isenberg can help you beat the charge.
Attorney Randall Isenberg offers unique advantages over other criminal defense lawyers in Frisco. He has spent decades in the Texas court system, working as both a felony prosecutor and a district judge. He understands the law from all sides and uses his knowledge to his clients’ advantage. For a free consultation and case evaluation, call the Law Offices of Randall B. Isenberg today at 214-696-9253.
Penalties for Intoxication Assault in Frisco, TX
In Texas, intoxication assault is, at the very least, a third-degree felony. A few aggravating factors could bump it up to a second-degree felony, which carries an even longer jail sentence and heavier fine. But no matter what, if you get charged with intoxication assault, you are looking at a possible felony conviction and a felony record.
Intoxication assault applies to any situation in which drunk driving causes an injury. The injured party does not have to be another driver. It can be a passenger (in your vehicle or another vehicle) or a pedestrian. The vehicles involved do not have to be cars, either. If you injured someone while operating a boat or watercraft under the influence, you can get charged with intoxication assault.
As a third-degree felony, intoxication assault carries the following penalties in Texas:
- A fine of up to $10,000, plus court costs and other fees
- Up to 10 years in prison
- Up to 2 years’ driver’s license suspension (with a minimum of 6 months mandatory)
- Probation
- Community service
- Mandatory alcohol education
- Installation of an ignition interlock device on your vehicle (once your license gets reinstated)
If it is not your first drunk driving conviction, you face even stiffer penalties. The same is true for several other aggravating circumstances, such as carrying a passenger under 15 in your vehicle when the accident occurred.
If convicted of intoxication assault, you will also face the stigma of having a felony record for the rest of your life. With a felony on your record, you may find it difficult to buy a house in a homeowner’s association, get the job you want, register to vote, go back to school, buy a gun, or travel abroad.
For a free consultation with an intoxication assault lawyer in Frisco from the Law Offices of Randall B. Isenberg, call 214-696-9253 today.
Loss of License for Intoxication Assault in Frisco, TX
Upon getting arrested for intoxication assault in Frisco, TX, you face the immediate loss of your license. To avoid losing your driving privileges, you must schedule an Administrative License Revocation (ALR) hearing. From the date of your arrest, you have only 15 days to schedule it.
It is a good idea to hire an attorney to guide you through the ALR process. They can prepare you for what to expect and advocate on your behalf at the hearing itself. Randall Isenberg has a strong track record of helping clients retain their licenses via the ALR process.
Another benefit of having an attorney at the ALR hearing is it allows them to learn more about the prosecution’s case and what kinds of evidence they have against you.
Defense Strategies for Intoxication Assault in Frisco, TX
Our team has several defense strategies we can use to avoid a conviction of intoxication assault. The details of your case will determine which ones we use. If the prosecution’s case against you is weak, we may be able to dismantle it before the trial even begins, compelling the state to drop the charges. We may also decide to work out a deal in which you plead down to a lesser charge.
If your case goes to trial, we can use one or more of the following to poke holes in the prosecution’s case:
Inadmissible Evidence
Law enforcement must follow certain protocol when ordering blood alcohol content (BAC) testing. We will investigate and look for evidence that they deviated from this protocol. If they did, even in a small way, we can have any evidence they gained in the process (such as a positive breathalyzer test) deemed inadmissible.
Lack of Impairment
Intoxication assault requires being legally impaired at the exact moment the injury occurred. Even if BAC testing shows you were above the legal limit, it may not prove you were intoxicated when the accident took place. We can also look at confounding variables that may have produced a false positive, such as certain foods or oral care products.
Extent of Injury
For a charge of intoxication assault to be valid, the injured party must have sustained major bodily harm. We will evaluate their medical records and scour additional evidence in search of proof that their injury does not rise to the necessary threshold.
Lack of Fault
Even if evidence shows you were intoxicated at the time of the accident involving injury, it is not considered assault if you were not at fault. An intoxication assault lawyer in Frisco may be able to produce evidence calling your fault into question.
For a Free Intoxication Assault Case Evaluation in Frisco, TX, Call the Law Offices of Randall B. Isenberg at 214-696-9253
If you are facing intoxication assault charges in Frisco, TX, you should go with the lawyer who has worked on all sides of felony cases in Texas: as a defender, a prosecutor, and a judge. Choose Randall Isenberg and his team at the Law Offices of Randall B. Isenberg.
For a free, no-risk consultation and case evaluation, call our office today at 214-696-9253.
