Most people understand the seriousness of driving under the influence of drugs and alcohol. However, if you are accused of operating a vehicle under the influence and causing a motor vehicle crash and significant bodily injury to another party, you could face additional criminal charges.
Intoxication assault in Duncanville continues to be a major cause for concern. The consequences of a conviction could have a devastating impact on your life. A Duncanville intoxication assault lawyer at the Law Offices of Randall B. Isenberg can help you determine which defense strategy is most likely to produce an acquittal or reduced charges in your case. We offer free, confidential consultations.
What Are Texas’ Intoxication Assault Laws?
Intoxication assault charges refer to operating a motor vehicle under the influence of alcohol and being responsible for causing a car accident that results in serious bodily injury. Texas Penal Code § 49.07 defines serious bodily injury as any injury that causes a loss of function, lasting disfigurement, or considerable risk of death.
Generally, if you are charged with intoxication assault in Duncanville, you can expect to face a third-degree felony charge. However, if you had significantly high blood alcohol concentration (BAC) levels, the victim is a first responder, there was a child involved, or there were other aggravating factors present, your third-degree felony for intoxication assault could be enhanced to a second-degree felony.
If the victim succumbs to their injuries, you can expect to be charged with intoxication manslaughter as well, which is typically a second-degree felony.
The prosecuting attorney will need to prove your guilt beyond a reasonable doubt if they hope to secure a conviction. The following elements must be met for the jury to return a guilty verdict:
- The defendant was operating the motor vehicle
- The defendant was impaired by alcohol or drugs
- The defendant was responsible for causing the accident
- A victim suffered severe bodily injury due to the crash
What Happens If You Are Convicted of Intoxication Assault in Duncanville?
The consequences of an intoxication assault conviction in Duncanville could have a lasting impact on your life. If you are found guilty of intoxication assault, penalties could be severe. If you are convicted of third-degree intoxication assault, you could expect to pay fines as high as $10,000 and spend up to ten years in prison.
However, if you are convicted of second-degree intoxication assault, you could expect to pay fines of up to $10,000 and spend up to 20 years in prison. In addition to fines and incarceration, there are other criminal penalties you could also face, including:
- Installation of an ignition interlock device (IID)
- Completion of a driver retraining program
- Revocation or suspension of your driver’s license for up to two years
- Completion of court-ordered mental health counseling
- Completion of court-ordered drug or alcohol rehabilitation
- Up to 1,000 hours of community service
How Can a Duncanville Intoxication Assault Conviction Affect Your Life?
Criminal penalties are not the only consequences associated with an intoxication assault conviction in Duncanville. A guilty verdict could considerably affect your life. Some of the potential collateral consequences associated with intoxication assault in Duncanville include:
- Loss of firearm rights
- Immigration and citizenship troubles
- Difficulty finding a job
- Trouble obtaining housing
- Disqualification from federal student aid
- Child custody disputes
- Revocation or suspension of professional licenses
- Reputational damage
Many individuals who have been convicted of intoxication assault report that the collateral consequences of their conviction had a more significant impact on their lives than the criminal penalties. For this reason, you may want to have an intoxication assault attorney on your side to help you defend your rights.
How to Defend Against Intoxication Assault Charges in Duncanville
If you hope to avoid the fallout of an intoxication assault conviction in Duncanville, there are several ways you can go without challenging the charges against you. These include working with the state’s prosecutor to enter into a pretrial diversion program or plea agreement or preparing a powerful defense strategy.
Pretrial Diversion Programs and Plea Agreements
One of the strategies to avoid jail, prison, fines, and other consequences of an intoxication assault conviction is to work with the state’s prosecuting attorney to enter a plea agreement or pretrial diversion program. You may agree to plead guilty or no contest and enter into one of these programs. You will be required to meet specific terms, including counseling, drug or alcohol treatment, drug testing, and other terms.
Once you have completed the program, the charges against you may be reduced or dismissed altogether. However, pretrial diversion programs are often only available to non-violent, first-time offenders. In many intoxication assault cases, the charges against you would be considered violent.
For this reason, you may not be eligible for a pretrial diversion program. If you do not qualify or the prosecutor is unwilling to work with you to obtain a plea agreement, preparing a strong defense strategy may be in your best interests.
Potential Intoxication Assault Defenses
When you are charged with intoxication assault, you must present evidence that introduces doubt into the minds of the judge and jury. You and your lawyer could use several potential strategies to challenge the intoxication assault charges against you. Some of the possible defense strategies include:
- Lack of liability for causing the accident
- Chain of evidence issues
- Chemical blood alcohol testing errors
- Issues with the chemical blood testing
- Illegal search and seizure
- Lack of probable cause
These are just a few defenses you could use to help you clear your name of the intoxication assault charges. Explore your legal options further when you contact your Duncanville intoxication assault attorney for help.
Get Help from an Intoxication Assault Lawyer in Duncanville Today
The impact of an intoxication assault conviction in Duncanville could haunt you for the rest of your life. Take steps to protect your future by working with a Duncanville intoxication assault lawyer at the Law Offices of Randall B. Isenberg.
Our firm offers confidential consultations to individuals charged with intoxication assault across Duncanville and nearby cities. Claim yours by calling our office today.
