You might have to pay fines costing well over $1,000 and spend many years in jail if you get convicted of intoxication assault in Texas. You do not want to take a chance of dealing with these charges on your own. A Southlake intoxication assault lawyer at the Law Offices of Randall B. Isenberg will protect your legal rights and fight hard to get you the best possible outcome.
How Texas Law Defines Intoxication Assault
Many people mistakenly think that a person got into a bar fight if they get charged with intoxication assault, but our state actually uses this term to refer to a DWI crash that causes severe injuries to someone.
Under Texas law, TX Penal Code § 49.07, a person can be convicted of intoxication assault if they cause serious bodily harm to someone else because they operated a motor vehicle on public streets while intoxicated or operated a boat, plane, or amusement ride while intoxicated.
What Constitutes Serious Bodily Injury
For purposes of TX Penal Code § 49.07, “serious bodily injury” is physical harm that:
- Is life-threatening.
- Damages any body part or organ to such an extent that the individual suffers significant and permanent disfigurement or long-term impairment or loss of the function of the body part or organ.
A conviction of intoxication assault in Texas is a third-degree felony, unless the offense gets enhanced because the injured person was a first responder or another public official injured while performing official duties.
- Under TX Penal Code § 49.09, an intoxication assault conviction can be a felony of the second degree if the injured person was a firefighter or emergency services worker hurt while on the job.
- Section 49.09 of the Texas Penal Code makes an intoxication assault conviction a felony of the first degree if the harm happened to a peace officer or judge who was performing official duties at the time of the injury.
Under this section, a firefighter can be someone employed within Texas by the state or a local government as a firefighter or volunteer firefighter who receives regular training.
How Texas Law Defines Intoxication
You could get convicted of an intoxication offense if your alcohol concentration tests as 0.08 or higher, according to TX Penal Code § 49.01(2). Intoxication is not limited to alcohol in Texas.
Even if your BAC shows a reading of less than 0.08, you could still get a guilty verdict if you do not have the “normal use of mental or physical faculties” because you consumed or ingested “alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance.”
There may be limited time, however, to pursue legal action. Different types of court cases have to be filed within a certain amount of time from the time of the incident. In order to get the best legal aid available, it is recommended to call one of our lawyers as soon as possible.
Intoxication Assault Compared to an Ordinary DWI
Depending on the circumstances and who gets injured, a conviction of intoxication assault can be a felony of the first, second, or third degree. A simple, first-time DWI, on the other hand, is a Class B misdemeanor.
Penalties for Intoxication Assault
Texas takes felony convictions seriously. Here are the possible punishments for first-degree, second-degree, and third-degree felony convictions in Texas:
- First-degree felony convictions can carry a life sentence or prison sentences of at least 5 years and no more than 99 years and fines of up to $10,000.
- Second-degree felony convictions can result in imprisonment in the Texas Department of Criminal Justice for a term of between 2 and 20 years and fines of as much as $10,000.
- Third-degree felony convictions can get punished by a prison term of 2 to 10 years and a fine of up to $10,000.
By comparison, a simple, first-time DWI, which is a Class B misdemeanor, carries possible punishments of:
- Up to $2,000 in fines;
- Jail time up to 180 days; or
- Both fines and confinement in jail.
Section 12 of the Texas Penal Code contains the possible penalties for felonies and misdemeanors in our state.
Additional consequences of an intoxication assault conviction can include:
- Losing your driver’s license for at least 6 months and up to 2 years
- Having to complete a drug or alcohol rehab program
- Going to alcohol safety school
- Being required to have an ignition interlock device installed in your vehicle
Also, Texas law allows the judge to double your punishment if more than one person gets injured in an intoxication assault case. Let’s say that the driver of another car and a passenger in your vehicle got hurt. You might have to pay as much as $20,000 in fines and spend up to 20 years in a Texas prison.
How a Southlake Intoxication Assault Lawyer Can Help
We will fight the charges aggressively and look for any flaw in the prosecution’s case, like issues with the breathalyzer, how the officer administered the field sobriety test, or whether something else caused the collision. We can also negotiate with the prosecutor for reduced charges. If need be, we will take the case to trial to seek an acquittal.
Find Out How We Have Helped People Like You
Our clients are grateful for our hard work and the great results we can get for them. Here are a few sample testimonials on our website:
- 2021 – Dear Randall Isenberg Law Firm:
I was very pleased being able to work with your Law Firm on my unfortunate DWI case. You were truly the best and had very impressive end results. I had some unplanned complications in my DWI case & the end results were very amazing at I felt I was truly with a Dream Team law firm in my situation.
Can feel free to use this as a Testimonial if you want or just a thank you also.
Sincerely,
Jonny W - 2021 – Thanks Randall for getting my charges reduced. I went from facing decades in prison to probation. I can’t tell you how much that means to me, my wife, and kids. My world was destroyed, and the experience has humbled me to be the best driver I can possibly be. I’ll be happy to refer your law firm to anyone wanting an outstanding attorney. ~ Erick
- 2021 – The Isenberg law offices petitioned the court for an occupational license, and they were able to get video evidence from when I was arrested. It proved that I wasn’t driving erratically, and I wasn’t stumbling around and mumbling like the police said. My case was dismissed, and I owe it all to this law firm! So when I was asked to leave a review, I jumped on it- happy to say I’d give five stars! ~ Nicole
Every criminal case is different. These testimonials are not a guarantee of the outcome in your case. You can contact the Law Offices of Randall B. Isenberg today for free to get help with your intoxication assault case.
