An intoxication assault charge can be terrifying and put the brakes on your entire life. Do not risk having to pay thousands in fines or spending a decade in jail. Call a Dallas intoxication assault lawyer at the Law Offices of Randall B. Isenberg today. Our Dallas Criminal Defense lawyers are ready to help you!
What Is “Intoxication Assault”?
You can face intoxication assault charges under Texas law if you cause a DWI accident that results in serious bodily injury.
Per Section 49.07 of the Texas Penal Code, “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.”
For example, Margaret suffered spinal cord injuries after being hit by an intoxicated driver. Her injuries and the resulting damage mean Margaret will be wheelchair-bound for the rest of her life. She has suffered a serious bodily injury.
What Is “Legally Intoxicated” Under Texas Law?
In Texas, you are legally intoxicated if:
- You do not have the “normal use of [your] mental or physical faculties” because of “alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance;” or
- You have an alcohol concentration of 0.08 or higher.
What Are the Penalties for Intoxication Assault?
Intoxication assault is a felony of the third degree, unless there are reasons to impose enhanced offenses and penalties. For the offense of intoxication assault, a person could face:
- Loss of driver’s license (a minimum of 6 months and a maximum of 2 years)
- A 2-year minimum prison sentence and can face up to 10 years
- $10,000 in fines
- Alcohol highway safety school
- Drug or alcohol rehabilitation
- Installation of an ignition interlock device
If you injure more than one person, your charges might double. For example, if you injure a pedestrian and the driver of another car, you’ll face $20,000 in fines and up to two decades in prison.
Charges and penalties also may be dependent on which substances you’re under the influence of; an assault influenced by drugs, instead of just alcohol, may carry greater consequences. If you incur an assault charge and you had drugs in your system, consulting with a Dallas drug crime defense lawyer would be in your best interest. Our experienced attorneys are well-versed in drug crime law.
Possible Additional Consequences of Getting Convicted of Intoxication Assault
If you’re convicted of intoxication assault, you may also face:
- Being away from your loved ones: If you’re sentenced to prison, your loved ones can come to see you, but this may be difficult for them. Additionally, they will miss your presence at home.
- Family financial issues: If you have to go to prison, your family will lose the income you brought in. As a result, your family may face financial hardship.
- Damage to your reputation: Those convicted of intoxication assault may have a hard time getting their criminal records expunged, and their prior convictions are visible to the public. These things can be damaging to your reputation.
- Difficulty getting a loan in the future: It could be difficult for you to get any kind of loan, whether for business, your family expenses, or for something else.
- Difficulty finding a job in the future: Many employers may avoid hiring you if you have a conviction.
A Dallas intoxication assault lawyer from our firm may be able to help you avoid conviction and the other consequences we mentioned.
Will I Face Enhanced Penalties for Intoxication Assault?
Texas law provides enhanced offenses and penalties under certain circumstances, enumerated in Section 49.09 of the Texas Penal Code.
The circumstances and greater penalties include:
- If you caused serious bodily injury to a first responder (e.g., a peace officer, firefighter, EMT, etc.) who was performing his official duties at the time, the state will elevate the offense from a felony of the third degree to a felony of the second degree.
- If the victim suffered a traumatic brain injury that resulted in a persistent vegetative state, the state will also increase the offense to a felony of the second degree.
In Texas, second-degree felonies carry a range of penalties, including a minimum of 2 years in prison (a maximum of 20 years), fines up to $10,000, and a license suspension.
We will work to disprove the circumstances above and shield you from any enhanced penalties.
Does the State Have a Valid Case Against Me?
To convict you of intoxication assault, the state must prove three essential elements beyond a reasonable doubt:
- You were operating a motor vehicle in a public place; and
- You were legally intoxicated at the time; and
- You, because of your intoxication, caused serious bodily harm to a person
Our team will investigate your case to see if we can disprove any of those three elements.
How Can a Lawyer Help Me With My Intoxication Assault Charge?
Intoxication assault is a serious charge that can impact your wallet, your job, and even your freedom. A Dallas intoxication assault lawyer at the Law Offices of Randall B. Isenberg will investigate your case and explore all reasonable possibilities for a defense. We will look for grounds to create a reasonable doubt about the elements of the charge.
We might explore any of the following:
- We might attempt to determine whether the victim’s injuries were his own fault. For example, if the victim was riding a bicycle without a helmet when he was involved in the accident, we might be able to prove that his injuries resulted from this lack of a helmet. This would allow us to lessen your charges to a DWI, which is a misdemeanor, not a felony.
- We might also be able to prove that the injured party caused the accident, not you. Consider our example above: If our bicycle rider was riding at night and was not using a front or rear light or reflector, we could prove that the cyclist caused the accident, not you.
- We will also look into the chemical testing done at the scene of the accident. Breathalyzers are difficult to calibrate and administer. If there are any doubts about the administration or calibration of your test, we will exploit those doubts. If the officer who calibrated the breathalyzer was not properly trained or certified, the results might be inadmissible.
- Because the results are based on an officer’s opinion and observation, field sobriety tests are subjective. If you failed your field sobriety tests, we can argue that your failure was not due to intoxication. For example, if you were unable to stand on one leg for 30 seconds, we can argue that it was due to balance issues you have. If you failed the horizontal gaze nystagmus test, we can argue that you failed because of an eye condition, not intoxication.
The Services Our Intoxication Assault Attorneys Will Provide You
When you become our client, you’ll get complete legal service, so you won’t have to worry about anything related to your case. You’ll be able to rely on your lawyer to:
- Build a defense strategy: Your lawyer will evaluate the charges you face and the most appropriate options for your defense. You can expect your lawyer to tailor your defense to your particular case and represent you as an individual.
- Collect evidence for your defense: To bolster your defense and refute the prosecution’s claims, your lawyer can gather evidence, such as dash camera footage, traffic camera footage, witness statements, the police report, and more.
- Identify any misconduct: If your rights were violated during or after your arrest, your lawyer will try to identify a violation and then argue that because of the violation, the case against you is invalid.
- Negotiate with other parties: The prosecution may be willing to compromise and reduce your charges and penalties.
- Defend you in court: If the prosecution isn’t willing to negotiate, your lawyer will represent and stand up for you in court. There, we can work to prove that you are not guilty of this offense.
For prospective clients, our firm offers free consultations. You can meet with us at no charge and with no obligation. During your consultation, we’ll provide a case evaluation and advise you about how to proceed with your case.
Contact Us to Learn About What Our Dallas Intoxication Assault Lawyer Can Do
Fighting intoxication assault charges is an uphill battle, but the Law Offices of Randall B. Isenberg can help. Randall has decades of experience as both a Senior Chief Felony Prosecutor and a State District Trial Judge. This gives him insider knowledge on how the state operates and how it goes after people charged with intoxication assault.
Randall is board-certified in Criminal Defense by the Texas Board of Legal Specialization and certified as a Criminal Defense Advocate by the National Board of Trial Advocacy. To learn more about our firm and what we can do for you in your free consultation, connect with us today.
