Intoxication assault in Texas is a serious charge. You could face a lengthy prison sentence, hefty fines, a driver’s license suspension, and a permanent criminal record. To be arrested for intoxicated assault means that:
- A driver was intoxicated; and
- The driver caused an accident; and
- Another person sustained serious bodily injury as a result of the intoxication.
The charge usually applies to situations where a person is driving a vehicle, but can also refer to operating a boat, aircraft, or amusement ride.
An Arlington intoxication assault lawyer may be able to help you to understand your rights and protect your future if you are charged with intoxication assault. They will be able to examine the evidence against you to discover any discrepancies.
If you have any questions or have been charged with intoxication assault, contact the Law Offices of Randall B. Isenberg at (214) 696-9253 today. The initial consultation is free.
Intoxication Assault Is a Third-Degree Felony Charge
An intoxication assault charge can result in a felony conviction that can harm your future and hinder employment, voting, and housing opportunities.
The legal definition of serious injury under Texas Penal Code § 49.07 is damage inflicted 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.” Injuries ranging from the loss of a great deal of blood to permanent scarring to a single broken bone could see you being prosecuted for a third-degree felony charge.
Depending on who is injured, and the type of damage they sustain, an intoxication assault charge can be further enhanced when:
- The driver has prior convictions of a similar offense.
- A person causes serious bodily harm to first responders, including firefighters, police officers, or emergency medical personnel, while in the line of duty.
- The injuries inflicted cause severe brain damage, leaving the victim in a wakeful unconscious (also known as ‘vegetative’) state.
The penalties for felony charges carry a maximum of 10 years imprisonment for a third-degree felony and up to 20 years for a second-degree offense. You could also face related charges. Financial penalties for both incur fines in the thousands, an inexpugnable criminal record, and license suspension.
Civil Proceedings Will Also Apply on Top of Criminal Prosecution
In addition to criminal charges following an arrest for DWI with serious bodily injury, you will also face separate civil proceedings to establish how long your license is suspended, per the Texas Department of Public Safety.
Your attorney can request your Administrative License Revocation (ALR) hearing and negotiate on your behalf. If successful, you will likely retain your license. It also serves as a means to discover more about the evidence the prosecution has against you.
It is important to note that you only have 15 days following your arrest to arrange a hearing, so acting quickly and securing legal representation to advocate for you is essential if you wish to request a hearing.
Building a Strong Defense to Counter the Charges
You may want to look for a lawyer who has specific experience in defending enhanced DWI charges. The law involved in such cases is immeasurably complex. With your future hanging in the balance, you may want to ensure your defense attorney has the following beforehand:
- Excellent standing with the Bar and other professional bodies
- Considerable experience of defending intoxication charges
- Proven results in having charges lessened or dismissed
- Thorough procedures for investigating the accident and evidence against you
- Positive client testimonials in similar cases
An Arlington intoxication assault lawyer will be able to challenge the charges brought against you and check for:
- Missing or inaccurate information in police reports
- Improper collection of evidence at the scene
- Protocols not adhered to when taking blood, breath, and urine tests
- Errors with blood testing leading to false-positive results
- Mistakes made while instructing, and recording field sobriety tests
- Any contributing factors from the other party that could have caused the accident
The Law Offices of Randall B. Isenberg has a strong focus on criminal defense and advocates for our clients in pre-trial and trial negotiations, along with license suspension administrative proceedings. Call (214) 696-9253 to discuss your options in a free legal case evaluation today.
Our Criminal Defense Attorneys Will Stand By Your Side
If you or a loved one has been arrested for intoxication assault, the Law Offices of Randall B. Isenberg can answer your questions today.
After we have reviewed the evidence from the prosecution and conducted a thorough investigation into the accident, we can begin to recommend potential strategies to challenge the charges against you. Every case is unique, but examples of how we help our clients include proving:
- The injuries to the other party were not caused as a result of intoxication.
- The accused was not intoxicated at the time of the accident.
- Evidence was improperly collected or recorded.
- Inaccuracies in test results due to human or machine error occurred.
- Physical damage sustained by the other party does not fall within the legal definition of “serious bodily injury.”
An Arlington intoxication assault lawyer can further assist you in the civil administrative process with the ALR hearing and advocate on your behalf to preserve your driving privileges. If you would like to know more about reducing DWI felony charges or fighting for an acquittal, call the Law Offices of Randall B. Isenberg at (214) 696-9253 for a free case evaluation today.
