If you were driving a vehicle in Texas while legally intoxicated and caused an accident that resulted in injuries to passengers or people in other cars, you could be facing intoxication assault charges in addition to driving while under the influence (DWI). These charges are automatic—moreover, any person who was hurt does not have to press charges for Texas to pursue conviction independently.
Our Lancaster intoxication assault lawyers can build your defense and fight for the most favorable outcome possible. When you work with a criminal defense attorney from the Law Offices of Randall B. Isenberg, we will tailor a legal strategy to suit your particular situation because we understand no two cases are the same.
What Is Intoxication Assault?
In Texas, a person can face an intoxication assault conviction if they are legally intoxicated and cause an accident while driving that involves serious bodily injury. Intoxication is defined as:
- Lacking the normal use of mental or physical faculties because of the introduction of alcohol or drugs into one’s body; or
- Having a blood alcohol concentration (BAC) of 0.08 or greater at the time of vehicle operation.
According to Texas Penal Code § 49.07, “serious bodily injury” is an “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.”
Intoxication Assault Penalties in Texas
Intoxication assault, typically a third-degree felony, can result in the following penalties:
- 2-10 years in jail
- License suspension for 180 days – 2 years
- Fines up to $10,000
- Disqualification from owning a gun
- Disqualification from voting
Exceptions can include enhanced offenses and associated penalties, such as drug possession or intoxication manslaughter, which could amplify the overall charges by being added to the initial intoxication assault charge.
What to Do in the Aftermath of an Intoxication Assault Arrest
Facing an intoxication assault charge can significantly impact your life. A possible conviction is not to be taken lightly, so here are a few essential steps you should take immediately after being arrested and returning home.
Request an ALR with the Texas DPS
Additionally, time is critical—you have only 15 days from your arrest date to request an administrative license revocation (ALR) hearing with the Texas Department of Public Safety. Failing to do so during this timeframe will result in your driver’s license being suspended automatically for up to 180 days.
Prioritize Your Court Date
Before you leave jail, you’ll be issued a notice that includes the date you are scheduled to appear in court concerning your charges. Do not forget or dismiss this date. Communicate with your employer and any other party necessary to ensure you have no incompatible appointments at the time and date of your court appearance.
Consider Legal Counsel
You do not have to build your defense on your own. You have the right to legal representation.
A criminal defense attorney can help to guide you through all of the necessary legal steps and take some of the weight off your shoulders.
Make Transportation Arrangements
While you are awaiting a court date, you might not have a driver’s license to get to a job or take care of responsibilities like you otherwise would. Instead, you will likely have to make other arrangements. Sometimes, you will be allowed to drive yourself to work or school, but if not, you’ll need to find someone else to do it. This person could be a friend or family member, but you also may be able to make use of public transportation, rideshare companies such as Uber, or taxis.
Prepare for the Court Appearance
Requirements for your court appearance largely depend on how you will plead. A guilty plea requires only that you look your best and bring any requested paperwork. A plea of not guilty typically requires more preparation, such as getting eyewitness testimony of the incident. In this case, you would likely benefit from retaining an attorney.
Other Steps
You will probably have many more legal obligations after your court appearance, such as taking classes, observing probationary rules, and following through with community service requirements. Make sure you comply with court orders.
What Sets Our Intoxication Assault Lawyers Apart
We know you have options when it comes to legal representation. Here’s what sets us apart from other firms:
We Focus on Criminal Defense
Many lawyers can represent you in your case, but our firm focuses on criminal defense. We handle DWI and intoxication assault cases regularly, so we are familiar with the laws surrounding these charges.
We Have Experience With Trials and Plea Bargains
Some drinking and driving and intoxication assault cases conclude with a plea bargain. Still, you want to be ready to take your case to trial. Our lawyers have experience in the courtroom, and we are prepared to represent you.
We Offer Personalized Legal Care
When you hire our lawyers, they will not apply a one-size-fits-all approach to your case. We know that the circumstances surrounding your charges are unique, and we’re here to listen to your side of the story and see how we can help you.
We can tailor a defense strategy to suit your specific situation. Our goal is to get the charges dismissed or reduced so you can move on with your life.
An Intoxication Assault Conviction Can Interrupt Your Life in More Ways
Aside from potential fines, jail time, and probation, you face more to lose if you are convicted. Your personal and professional lives can suffer greatly. For example, you may see an academic institution refuse admission to you, or you could lose your job. You may also have a falling out with friends and family. If you face charges, take your defense seriously and begin working on your case immediately.
We Can Help With Your Intoxication Assault Case
If you have been charged with intoxication assault in Texas, you have a chance to defend yourself, and you do not have to do it alone. Our legal team can navigate the legal process for you and fight for the best outcome possible. Mr. Isenberg has more than 30 years of experience as both a former prosecutor and state district judge.
A criminal defense lawyer can ensure you understand your rights, build your case, and help you decide which legal options to pursue. The Law Offices of Randall B. Isenberg can handle your case. Call us today to get started.
