Intoxication assault, also known as driving while intoxicated (DWI) with serious bodily injury, is defined as an offense that occurs while operating a vehicle, aircraft, watercraft, or amusement park ride while intoxicated from alcohol and/or drugs and results in serious bodily injury to another person.
Texas Penal Code § 1.07 defines serious bodily injury as any injury that results in a substantial risk of death or serious permanent injury, and Texas Penal Code § 49.07 states that intoxication assault is a 3rd degree felony.
For example, if you are driving while under the influence of alcohol and are involved in a car accident where the other driver may die from their injuries or become impaired, you may face the charge of intoxication assault.
If you or a loved one has been arrested or charged with intoxication assault, you are probably worried about what you can do and who can help you. It is important to remember during this difficult time that you have the right to legal representation, so it can be beneficial to consult with a defense lawyer to determine if and how you can challenge the charges and mitigate the consequences of the allegations against you.
It should also be noted that acting quickly in seeking legal advice is essential. According to the Texas Department of Public Safety, you only have 15 days to request an administrative license revocation (ALR) hearing, in which your attorney can negotiate on your behalf. This is a separate civil proceeding in addition to the criminal charges.
If successful, you will probably retain your license. Additionally, the hearing serves as an opportunity to learn more about the prosecution’s case against you, and the evidence they have.
Penalties You May Face with a Texas Intoxication Assault Conviction
If you are facing an intoxication assault charge, your entire life may be in upheaval. An intoxication assault conviction can have a lasting influence on your future and seeking guidance from a legal team could be critical.
Intoxication assault is considered a 3rd degree felony in the state of Texas, which may result in a range of penalties:
- Between 2 to 10 years in prison
- Fines of up to $10,000
- Loss of driving privileges (up to 2 years, depending on the details of your case)
- Fees to retain driving privileges after reinstatement
As you can see, an intoxication assault charge can impact your life for years to come. For this reason, you do not want to face these charges on your own. An attorney can help you protect your rights.
A Legal Team Will Fight Your Texas Intoxication Assault Charge
In your situation, you want a legal team who understands what intoxication assault means in Texas, how the courts work and can fight to minimize the impact this charge has on your life.
A legal team will walk you through the Texas legal process with the following services:
Explain the Charges You Face
The most frightening part of court cases can be the unknown. An attorney will take the time to review the evidence and explain the charges you face, as well as the possible consequences you may face.
Request an ALR Hearing
After your arrest, you may have the opportunity to request an Administrative License Revocation Program (ALR) hearing. This hearing can be crucial to your case, as it allows you to gather details about the evidence against you. You have 15 days to request this trial, however.
Explore Texas Intoxication Assault Defenses
A lawyer’s goal is to minimize the impact this legal case has on your life. To do this, he may employ a variety of defense strategies, such as involuntary intoxication, showing the other person contributed to their injuries, or argue the intoxication test was inaccurate or improperly performed.
Work for A Reduction of Charges
The lawyer may also work to reduce the charges you face for the incident. For example, if he is able to have the charges dropped to a misdemeanor or DWI, the penalties you face may be much lighter. You may also be able to retain your driving privileges.
Fight To Protect Your Driving Privileges
In addition to facing thousands in fees and jail time, you may also face the loss of your driving privileges, which can make it impossible to live a normal life. When possible, a lawyer will work to protect your driving privileges, so you can continue going to work, school, and running errands without added burdens.
Possible Defenses for Intoxication Assault Charges
For a successful conviction, the burden of proof lies with the state. Your defense lawyer may be able to devise a potential strategy on your behalf and provide you with a persuasive case that challenges the evidence the state has against you if any inconsistencies are found in the evidence brought against you, which could indicate:
- Protocols were not followed correctly during the arrest
- There were errors with the field sobriety tests
- The results of the chemical test were inaccurate
- You were not intoxicated at the time of the accident
Many other defenses may be suitable for your circumstances, but the law involved in such cases is immeasurably complex. With such severe and limiting implications for your future, you may want to do some research beforehand to ensure your chosen legal representation can serve your best interests. Promising markers include:
- An excellent standing with the State Bar of Texas and other professional agencies
- Significant experience in defending intoxication assault charges
- Proven results in having charges lessened or dismissed
- Comprehensive procedures for investigations into the evidence against you
- Positive client testimonials readily available from similar cases
If you would like to know more about what an intoxication assault charge could mean for your future and your options for mitigating the allegations against you, talk with a legal professional. Many law firms offer a free initial consultation to hear your case and advise you on the legal options available.
Contact an Intoxication Assault Attorney in Texas Today
The team at the Law Offices of Randall B. Isenberg is led by former prosecutor and state trial judge Randall Isenberg. His 30 plus years of legal experience give him a unique perspective of Texas courts, which can be used to your advantage.
If you are facing intoxication assault charges, you want a criminal defense attorney who is willing to fight for your future. Our team is here to help you navigate these charges and work to protect your future.
Knowing what intoxication assault means in Texas, we hope you call the DWI defense team at Law Offices of Randall B. Isenberg today to discuss your options at (214) 696-9253.
