If you face intoxication assault charges for a DWI injury accident, you need a lawyer on your side. Upon conviction for felony intoxication assault in Richardson, you could be sent to prison, face severe monetary fines, probation, and a permanent criminal record that can disrupt your life in a variety of significant ways.
The Law Offices of Randall B. Isenberg offers a free consultation to individuals facing intoxication-related charges. Contact us today at 214-696-9253 to talk to an intoxication assault lawyer in Richardson, Texas.
Intoxication Assault Charges Carry Severe Penalties in Texas
A conviction for intoxication assault can send you to prison for years or decades. As outlined in the Texas Penal Code, intoxication assault, a third-degree felony, can carry the following penalties:
- Two to 10 years in prison
- Monetary fine up to $10,000
- Driver’s license suspension up to one year
In addition to these penalties, you may receive probation, up to 600 hours of community service, and substance abuse counseling or rehab. You may also have to pay restitution and install a breathalyzer ignition lock on your vehicle.
More severe charges can be applied if:
- You have a prior driving while intoxicated (DWI) conviction
- You had an open container of alcohol in your car
- A passenger below the age of 15 was in the vehicle
- The victim suffered permanent injuries
A felony conviction can also cost you your right to vote, sit on a jury, or own or possess a firearm. You will have a permanent criminal record, which can prevent you from getting a job, getting into your college of choice, and prohibit you from obtaining many types of professional licenses. You will also relinquish your right to own or possess a firearm or hold a hunting license.
Let an Intoxication Assault Lawyer in Richardson Help You Fight Back
Before you give a statement to the police or agree to plead guilty to intoxication assault, take the time to meet with an intoxication assault lawyer to explore your options.
An intoxication assault lawyer from the Law Offices of Randall B. Isenberg understands the fear and uncertainty you face, and our legal team stands ready to help.
We will start by assembling all available evidence regarding your case. We will carefully review and analyze the circumstances of your arrest to determine whether the police violated your legal rights in any way. We will also scrutinize the prosecution’s evidence, to identify potential weaknesses or problems with your case.
We can use any of these factors to negotiate with the prosecutor. Our goal is to get your charges reduced or dismissed whenever possible. However, if necessary, we will prepare your case for trial and mount the most persuasive possible defense.
Understanding Intoxication Assault, or DWI with an Injury Accident
The Texas statutes define driving while intoxicated, or DWI as the operation of a motor vehicle in a public place while having a blood alcohol concentration (BAC) of 0.08 or above.
If you cause a serious injury accident while committing a DWI, the prosecutor can pursue intoxication assault charges. If another person died as a result of your drunk driving accident, you could face felony intoxication manslaughter charges also.
To obtain a conviction, the prosecutor must prove all the elements of intoxication assault. They do not, however, have to demonstrate that you intentionally caused harm to the victim. The aspects of intoxication assault are as follows:
- You drove your vehicle in a public place while intoxicated
- An accident occurred as a result of your drunk driving
- The victim suffered a severe or life-threatening injury due to the accident
You may also face intoxication assault charges in Richardson if you caused an injury or accident while operating an amusement park or midway ride, flew a plane, or operated a boat while intoxicated.
The victim in a drunk driving accident is typically the driver or passenger in another vehicle. However, the victim can also be a passenger in your car, a pedestrian, bicyclist, or passerby.
Challenging an Intoxication Assault Charge in Richardson, Texas
Our legal team has multiple options for building your criminal defense case for a drunk driving accident that led to an injury. By challenging elements of the case, we can dispute the charges against you in attempt to clear your name.
The Validity of BAC Testing
Whether the police subjected you to a breathalyzer, blood, urine test, or other approved evidential device our legal team has identified many confounding factors that could cause erroneous or incorrect BAC testing results.
Cause of the Accident
Even if the prosecutor can prove you drove drunk, we may have grounds to dispute the fact that drunk driving caused the accident in question.
Cause of Victim Injuries
If we cannot successfully dispute that you drove drunk and caused an accident, we can explore the possibility that the DWI accident did not cause the victim’s injuries.
The Extent of Victim Injuries
According to the statutory definition of intoxication assault, the victim must sustain permanent physical damage or a life-threatening injury. Our legal team can evaluate the nature and extent of the victim’s injuries to determine whether we can challenge this aspect of the prosecution’s case.
We will build your DWI injury accident defense based on the details of your case. The prosecutor has the burden of proof, however, providing us the opportunity to introduce reasonable doubt.
Consult an Intoxication Assault Lawyer in Richardson Today for Free
At the Law Offices of Randall B. Isenberg, we know how an intoxication assault conviction can devastate your life. That is why we offer a no-cost, no-obligation consultation. Let us provide you with your legal options, and if it makes sense, we can build your case and mount the strongest possible defense on your behalf.
To schedule a free case evaluation with an intoxication assault lawyer in Richardson, call us today at 214-696-9253.
