Have you recently been arrested and charged with intoxication assault? Although you may initially believe this charge to be a minor offense, the consequences may haunt you for the rest of your life if you face conviction. Be sure to secure a Mesquite DWI Lawyer who can help you dodge the severe fallout of a conviction.
With a Mesquite intoxication assault lawyer at the Law Offices of Randall B. Isenberg fighting for your rights, you have an opportunity to get the charges against you reduced or dismissed entirely. Let us put our 30+ years of experience to work for you.
When Can You Be Charged with Intoxication Assault in Texas?
If you are accused of causing severe bodily injury to another person after driving under the influence and crashing, you may be charged with intoxication assault. However, this charge does not only include car and truck crashes. Any motor vehicle, including aircraft, rides, and watercraft, can carry intoxication assault charges.
Intoxication assault does not mean you physically harm someone while drunk or under the influence of drugs. It means you were in the operation of a motor vehicle and caused another party’s injury due to your impairment.
Another party must have been seriously injured, and your intoxication must have caused the accident. If you have been charged with intoxication assault, it is advisable to contact a Mesquite criminal defense lawyer. Our lawyers can protect your rights and begin building your case immediately.
Elements of the Offense
For the prosecuting attorney to obtain a conviction, they must prove guilt beyond a reasonable doubt. To do this, they must show the elements of the intoxication assault offenses are met as follows:
- The defendant was under the influence of drugs or alcohol at the time of the accident
- The motor vehicle accident caused severe bodily injury to a victim
- The motor vehicle crash was caused by the defendant’s intoxication
Our DUI defense lawyers will use the discovery process to examine the evidence the state has compiled against you. Our criminal defense attorney will also interview witnesses and gather as much information as possible to develop your defense strategy.
Consequences of an Intoxication Assault Conviction
Under Texas law, intoxication assault is considered a third-degree felony offense. If you are convicted of a third-degree felony in Texas, you can expect to spend as much as ten years in a Texas State prison and be ordered to pay a fine as high as $10,000.
However, incarceration and fines are not the only penalties for an intoxication assault conviction. If convicted, you may be placed on probation. You may be required to adhere to the terms of your probationary sentence or risk having your probation revoked and being sent to prison.
Probation might involve:
- Obtaining a job
- Following housing restrictions
- Adhering to a curfew
- Abstaining from drug or alcohol use
- Agreeing to regular and random drug testing
The court system may also require you to complete a drug or alcohol treatment program, attend mental health counseling, and complete as many as 600 hours of community service.
Collateral Fallout When Convicted of Intoxication Assault
The collateral fallout of an intoxication assault conviction could impact virtually every aspect of your life. Your personal and professional reputations may be destroyed. If you are a foreign national, you may face deportation or other immigration issues.
It is likely your right to possess or purchase a firearm will be revoked. You may face temporary loss of voting rights, be unable to maintain a job, and be denied opportunities when your background check is run.
A negative mark on your criminal record could impact your immediate and future educational and career choices. Our intoxication assault attorneys in Mesquite can help you avoid the harshest penalties and start fighting to maintain your freedom and rebuild your future.
We Represent You at Your Administrative License Revocation (ALR) Hearing
A separate civil matter, the ALR hearing will determine the outcome of your driver’s license. According to Texas Department of Public Safety (DPS) guidelines, you must request a hearing within 15 days.
Our legal team will represent you here and fight for your driving privileges or for an occupational license that can still allow you to make necessary trips. If the initial hearing does not produce the desired outcome, we will help you file an appeal.
Ways to Defend Yourself When Accused of Intoxication Assault
Since intoxication assault charges are considered a violent offense, it is unlikely you will be eligible for a pre-trial diversion program. This means that instead of entering a pre-trial diversion program, your opportunities are limited to obtaining a plea agreement with the prosecutor or defending yourself at trial.
In many cases, if this is a first-time offense, the prosecutor may be willing to work with you by forming a plea agreement. However, if your case goes to trial, there are several potential defenses we could use, such as:
- Challenging the validity of your blood alcohol concentration (BAC) test results
- Challenge the function or calibration of BAC testing equipment
- Prove there was a lack of probable cause for your initial arrest
- Issues with the analysis of the motor vehicle accident
- Prove an unlawful stop led to your arrest
- Improperly administered blood alcohol concentration tests
- Illegal search and seizure
- Issues with toxicology testing
- Mistake of fact
You do not have to face or challenge these potentially life-changing criminal charges on your own. We will determine the appropriate defenses to employ in your Dallas County case and fight for your desired outcome.
Work with Our Mesquite, TX, Intoxication Assault Lawyer
The impact a conviction of intoxication assault will have on your life is undeniable. It is important to secure a legal defender who will work diligently to prepare a powerful defense so you can clear your name.
When you are ready to start working on your defense strategy, reach out to the Mesquite intoxication assault attorneys of the Law Offices of Randall B. Isenberg. Fill out our secure contact form or call our office for your confidential case review as soon as today.
With over 30 years of experience, Randall B. Isenberg is a board-certified former Senior Chief Felony Prosecutor and State District Trial Judge.
