Driving under the influence of drugs or alcohol can cause severe injury or death. If you were drunk driving and caused an accident that resulted in severe bodily injury, you may face criminal charges.
Intoxication assault is one of the most severe offenses in Desoto. If you hope to dodge a conviction, you can seek help from a Desoto intoxication assault lawyer at the Law Offices of Randall B. Isenberg. Find out more about which defense strategies might help you secure an acquittal or reduced charges when you contact our office for a confidential review of your case.
What Are Intoxication Assault Charges?
Under Texas law, when you drive drunk, cause a car accident, and a victim suffers serious bodily injury, you can face intoxication assault charges under Texas Penal Code § 49.07. However, for the state’s prosecuting attorney to obtain a conviction for intoxication assault, they will need to prove that the following circumstances apply:
- The defendant was under the influence of drugs or alcohol
- The defendant was driving a vehicle and caused a car accident
- A victim suffered serious bodily injury
Under the law, serious bodily injury includes any injury that causes disfigurement, loss of function to the organs or limbs, or significant risk of death.
Criminal Penalties Associated with a Desoto Intoxication Assault Charge
Generally, intoxication assault is considered a third-degree felony under Texas law. However, if aggravating factors apply, your charges could be enhanced to a second-degree felony. Some of the aggravating factors that could lead to harsher penalties include:
- A child being injured
- The incident occurring in a location where children frequent
- Blood alcohol concentration (BAC) levels being at or above .15%
- The victim being a first responder
- Use of a deadly weapon
- The victim remaining in a vegetative state or coma
If a victim passes away due to the injuries they sustained in the accident, you could also be charged with intoxication manslaughter.
If you are found guilty of intoxication assault in Desoto, the consequences you can face can vary depending on whether you were charged with a third-degree felony or a second-degree felony. Some of the criminal penalties associated with a Desoto intoxication assault conviction include:
- Court-ordered driver retraining
- Court-ordered installation of an ignition interlock device (IID)
- Finds up to $10,000
- Prison terms of up to 20 years
- Up to 1,000 hours of community service
- Up to a 2-year suspension or revocation of your driver’s license
- Court-ordered drug or alcohol rehabilitation treatment
- Court-ordered mental health counseling
These are just a few possible criminal penalties associated with Desoto intoxication assault convictions. Keep in mind that the specific penalties you can face will vary depending on the individual details of the charges against you.
The Effects of an Intoxication Assault Conviction in Desoto
Criminal penalties can have a significant impact on your life. However, the collateral consequences of a Desoto intoxication assault conviction could have a devastating effect on your life for years to come. Some of the collateral penalties that may come with intoxication assault convictions include:
- Temporary loss of voting rights
- Loss of federal student aid eligibility
- Revocation or suspension of professional licenses
- A destroyed professional reputation
- Difficulty maintaining relationships with friends and family
- Trouble maintaining gainful employment
- Child custody troubles
- Citizenship or immigration troubles
Remember that intoxication assault charges and convictions are not eligible for expungement under Texas law. This means, if you are convicted, it will remain on your criminal record for the rest of your life. For this reason, you may want an intoxication assault attorney to help you protect your future.
How to Beat Your Desoto Intoxication Assault Charges
There are several ways you can take action to avoid a conviction for intoxication assault in Desoto. First, it may be in your best interest to work out a plea agreement or attempt to enter into a pretrial diversion program. You may be able to plead no contest or guilty to the intoxication assault charges against you and enter into a pretrial diversion program.
Once you complete the terms of the program, which may include counseling, drug or alcohol treatment, education, community service, and other terms, the charges against you may be reduced or dismissed. However, because intoxication assault may be considered a violent offense, you may be ineligible for a pretrial diversion program.
If this happens, it may be in your best interest to work with your attorney to develop a compelling defense strategy. Some of the defense strategies used to challenge intoxication assault charges in Desoto include:
- Inaccurate blood alcohol concentration (BAC) test results
- Issues with chemical blood test samples
- Improper administration of field sobriety test
- Improper administration of chemical blood alcohol tests
- Illegal stops
- Illegal search and seizure
- Mistake of fact
- Lack of liability for causing the car accident
Only a careful analysis of your case’s details will determine which defense strategy is most likely to result in an acquittal or reduced charges. Your attorney will need to introduce reasonable doubt into the jury’s minds if you hope to avoid a conviction. For this reason, you should go over the circumstances of your case with your attorney before deciding how to best approach your defense.
Start Working with a Desoto Intoxication Assault Attorney Today
The fallout of an intoxication assault conviction could have a lasting impact on your life. Take steps to protect your future when you work with a Desoto intoxication assault lawyer at the law offices of Randall B. Isenberg.
Our firm offers confidential consultations to individuals charged with intoxication assault across Desoto and surrounding cities. Take advantage of the opportunity when you call our office to schedule yours.
