Texas has stringent drunk driving laws, and an intoxication assault charge carries life-altering consequences. Our Arlington intoxication assault lawyers can build your defense and advocate on your behalf if you are facing criminal charges.
The Law Offices of Randall B. Isenberg provides a free initial consultation to discuss any substantial risks you may be facing and will not hesitate to represent you before a judge and jury, either. If you need help defending against an intoxication assault charge, our Arlington DWI lawyers will be there for you every step of the way.
What Is Intoxication Assault?
As criminal defense lawyers in Arlington County, defining the legal implications of intoxication assault and preparing you for the legal nuances associated with alcohol-related offenses is the key part of our role.
Under Texas Penal Code § 49.07, intoxication assault charges can be levied against an individual who operates a motor vehicle while intoxicated on a public road and causes an accident resulting in serious bodily injury to another person.
Generally speaking, intoxication assault is a third-degree felony, but the severity can be enhanced based on the extent of the injury. For example, this offense becomes a second-degree felony if the injury leaves the victim in a vegetative state or if the victim is an on-duty first responder. It turns into a first-degree felony if the injured is a peace officer or judge.
Consequences of an Intoxication Assault Conviction
Texas imposes harsh penalties for criminal offenses like DWIs and intoxication assault. Specifically, an intoxication assault conviction can include the following penalties:
- Two to 10 years in prison
- License suspension for 180 days to 2 years
- Fines up to $10,000
- Disqualification from voting and owning a gun
- Possible probation, mandatory counseling or treatment programs, community service
The Consequences Can Upend Your Life
An intoxication assault conviction can affect every aspect of your life. You may experience difficulty finding future employment, and you may even be obligated to report a criminal conviction to your current employer. You could also miss out on the opportunity to pursue academic studies, as many institutions will not admit prospective students who have criminal records.
Furthermore, your personal life can take a hit, too. Friends and family members may learn about your conviction, and a prison sentence can keep you away from loved ones. Colleagues and peers may exclude you from important events, as well.
You can also lose your driver’s license, making it difficult to commute to work or fulfill family obligations. Take your intoxication and assault charge seriously and get started on your defense immediately.
Understanding the Legal Process for Intoxication Assault Cases
Understanding the legal process for intoxication assault cases is crucial when facing such charges. Here’s a comprehensive overview of how the legal process typically unfolds:
Arrest
The process begins with the arrest of the individual accused of intoxication assault. Law enforcement officers gather evidence, such as conducting field sobriety tests, obtaining breath or blood samples to determine if your blood alcohol concentration (BAC) is legal, and collecting witness statements.
Booking and Bail
After the arrest, the accused is booked, which involves recording personal information and taking fingerprints and photographs. Bail may be set, allowing the accused to be released from custody while awaiting trial, provided they meet certain conditions.
Arraignment
The arraignment is a formal court hearing where the accused enters a plea (guilty, not guilty, or no contest). The judge also informs the defendant of their rights and sets future court dates.
Pretrial Proceedings
During this phase, both the defense and prosecution exchange information, gather evidence, and may engage in negotiations, such as plea bargaining. Motions may be filed by the defense to challenge the admissibility of evidence or request specific actions from the court.
Trial
If a plea deal cannot be reached, the case proceeds to trial. The prosecution presents evidence, witnesses testify, and our legal defense has an opportunity to challenge the prosecution’s case, cross-examine witnesses, and present their own evidence and witnesses.
Verdict and Sentencing
After trial, the judge or jury deliberates and delivers a verdict of guilty or not guilty. If found guilty, the court proceeds to sentencing, which takes into account various factors, such as the severity of the offense, prior convictions, and mitigating circumstances.
Appeals
In some cases, an appeal can be requested for a higher court to review the decision for errors or legal issues.
The legal process can vary depending on jurisdiction and individual case circumstances. Consulting with a qualified attorney in Arlington who manages intoxication assault cases prepares you for the intricacies of Texas intoxication assault laws. The Law Offices of Randall B. Isenberg will treat your case with the utmost seriousness and urgency.
What Is the Difference Between DWI and Intoxication Assault?
A DWI and intoxication assault are two different charges that carry separate punishments if convicted, but share key factors that must be proven for a conviction. This includes operating a motor vehicle while intoxicated in a public place. For a conviction of intoxication assault, the accused person caused serious bodily injury to another individual by accident or mistake.
In both cases, you must submit to a breathalyzer or blood test, and refusal to do so will significantly impact your driving privileges. You can receive a 180-day license suspension for a first-time drinking and driving offense and a two-year suspension for second and third offenses.
Effective Defenses for Intoxication Assault Charges: Protecting Your Rights and Building a Strong Case
When facing an intoxication assault charge, having successful legal representation opens the door of opportunity for your case. Various potential defenses can be employed to protect your rights and build a strong case. The defenses below may apply, depending on the circumstances surrounding the offense.
Challenging the evidence of intoxication: It is possible to challenge the accuracy and reliability of the evidence presented by the prosecution, including BAC test results. Factors such as faulty testing procedures, improper handling of samples, or calibration issues with testing equipment can undermine the prosecution’s case.
Disputing causation: Intoxication assault requires establishing a causal link between the defendant’s intoxication and the resulting injury. A defense strategy may involve arguing that the injuries were not caused by the defendant’s actions or that other factors contributed significantly to the incident.
Lack of intent or knowledge: A defense may involve asserting that the defendant did not have the requisite intent or knowledge to commit the offense. This could include demonstrating that the defendant had no prior knowledge of their intoxication or that they lacked the intent to cause harm.
Violation of constitutional rights: If police officers violated your constitutional rights during the investigation process, it may be possible to challenge the admissibility of evidence obtained as a result. This can include violations of your Fourth Amendment rights against unreasonable searches and seizures or violations of your Miranda rights.
Procedural errors: Any procedural errors or violations committed during the arrest, testing, or handling of evidence can be grounds for a defense. This could include errors in the administration of field sobriety tests or failure to follow proper protocols for collecting and preserving evidence.
The viability of these defenses will depend on the specific details of your case. Consult with our intoxication assault lawyers in Arlington, TX, who will evaluate the circumstances, gather evidence, and craft a strategic defense tailored to your situation.
What Can an Arlington Intoxication Assault Lawyer Do for You?
An Arlington intoxication assault attorney carries out many vital responsibilities that most defendants would grapple with on their own, including the following:
Keep Track of Legal Deadlines
Many actions in drunk driving cases have strict deadlines. For example, if you do not request access to police dashcam footage promptly, crucial evidence of police misconduct, if applicable, may be almost impossible to gather. Overall, there can be a myriad of motions that need to be filed in your case, and your lawyer will be prepared to submit these filings before their due dates.
Negotiate With Prosecutors
We can fight the charges against you. After investigating your case, we may discover that:
- You were not legally intoxicated at the time of the event (over the legal limit of .08%).
- Errors occurred during the traffic stop or ensuing police investigation, including breathalyzer and blood tests.
An Arlington lawyer from our firm can gather evidence to demonstrate that an intoxication assault charge is not warranted in your case. We may be able to negotiate plea bargains or alternatives to prison time.
Help With Expunging Your Conviction
Even if you have received a conviction, in some cases, an attorney can help you get it expunged so that it does not adversely affect future endeavors, such as finding employment. Expungement processes are particular to local and state courts, so our Arlington attorney who handles intoxication assault cases will understand how to navigate them.
Provide Responsive Legal Care
We understand that this is a very tense time for you. The consequences you face can feel overwhelming, and you will likely have many concerns. We will make ourselves available to answer your questions and explain the legal process every step of the way. We do not want you to feel left in the dark when so much is on the line. We pride ourselves on our client-focused approach.
Provide Personalized Legal Care
We know that each case is unique, which is why we tailor our approach to each client. What works for one case will not necessarily work for another. We can analyze the evidence in your case and the charges brought against you to build a defense. Our aim is to get your charges dismissed or reduced so you have the best outcome possible.
Work With an Arlington Intoxication Assault Attorney Today
If you have been charged with intoxication assault, our intoxication assault attorney in Arlington, TX, can fight for the best possible outcome in your case. We can tailor a legal strategy to suit your specific circumstances, beginning with a confidential consultation free of charge.
Contact the Law Offices of Randall B. Isenberg to work with a firm whose lead attorney has more than 30 years of experience as both a former prosecutor and state district judge. We know how to fight this serious accusation and will always strive for the outcome most favorable to you.
