Intoxication assault charges may be possible if police believe you drove while intoxicated, caused an accident, and someone else suffered injuries. Intoxication assault is a serious crime, and a conviction could lead to time behind bars in state prison.
If the police arrested you or you already face intoxication assault charges, an intoxication assault lawyer in Irving, TX at the Law Offices of Randall B. Isenberg can help. We will protect your rights and fight for your best interests while also aggressively defending you from these accusations.
How Texas Law Defines Intoxication Assault
Under Texas Penal Code § 49.07, intoxication assault occurs when someone drives drunk or impaired and causes an accident that causes another person to suffer injury.
It is important to note that this law further explains that the victim must suffer “serious bodily injury.” This could include almost any injury with a “substantial risk of death” or an injury that may cause:
- Lasting disfigurement; or
- Loss or impairment of the function of a limb, body part, or organ.
In general, intoxication assault is charged as a third-degree felony. There are, however, some situations that can enhance this charge to a second-degree felony. This includes:
- If the victim remains unconscious in a vegetative state; or
- If the victim was a first responder on duty at the time of the accident.
While we generally think of intoxication assault incidents as multi-car accidents where one driver causes an accident and collides with another, they can also include single-car incidents. The injured party may be a passenger, pedestrian, or cyclist. If the victim dies, you will likely face intoxication manslaughter charges.
An Intoxication Assault Conviction Could Dramatically Affect Your Life
To convict you of intoxication assault, the prosecution must prove beyond a reasonable doubt that:
- You were operating a motor vehicle; and
- You were intoxicated; and
- You caused an accident; and
- Another person suffered serious bodily injury in the accident
If they can meet this burden of proof and convince a jury you are guilty of intoxication assault, the penalties may be severe. They include:
- Between 2 and 10 years in prison; and/or
- A fine of as much as $10,000; and
- A driver’s license suspension (between 180 days and 2 years); and
- Up to 1,000 hours of community service; and
- An ignition interlock device on your vehicle; and
- Mandatory attendance in a court-approved alcohol education program
Enhanced charges that are second-degree felonies come with increased penalties as well. You could receive 2 to 20 years in prison and/or a fine of up to $10,000, as well as the other penalties on the list.
The Law Offices of Randall B. Isenberg Can Help You Fight the Accusations Against You
Randall Isenberg has over three decades of experience working in the local courts in and around Dallas-Fort Worth. As a former Senior Chief Felony Prosecutor and State District Trial Judge and now as a criminal defense attorney, Randall knows how these cases work inside and out. This allows him and his team to build strong cases and get results.
Reach out to our team today. We can review your case and get started fighting for a more favorable outcome right away.
Our team knows what it takes to win this type of case, so we can build a strong case to counter it. We may be able to present a case and provide evidence that makes the jury question whether:
- You were operating the car;
- You were intoxicated;
- You caused the accident; or
- The other person suffered serious injuries.
Questioning any of these things means the jury members cannot say they believe you are guilty beyond a reasonable doubt. If we are successful in this strategy, we may be able to reduce the charges to a DWI or clear your name entirely. To learn more, talk to a member of the intoxication assault lawyer in Irving, TX from the Law Offices of Randall B. Isenberg. Call (214) 696-9253 today to get started.
We Will Develop a Robust Defense Strategy to Fight for Your Best Interests
When we take on your Irving intoxication assault case, we will develop a strong defense strategy that allows us to fight for a better outcome in your case. Not-guilty verdicts may be challenging to achieve in these cases, but they can and do occur.
Potential strategies could include:
- Negotiating a plea deal for a lesser charge
- Getting some evidence barred from court
- Taking your case to court and arguing for a “not guilty” verdict
- Negotiating a lighter sentence
We investigate every accident case we handle, analyzing exactly what happened and collecting evidence to refute the story being built by the prosecution. We will file pretrial pleadings and aggressively negotiate with prosecutors to reach a deal in some cases. We may need to provide a strong argument to prove:
- The police illegally obtained evidence.
- There were problems with the blood/breath testing procedures or samples.
- There were issues with the traffic stop or police investigation.
- You were not intoxicated, or you did not cause the accident.
If we can prove any of these, it could do significant damage to the prosecutor’s case against you, or even result in a reduction in charges or a win in court.
Challenging Sobriety Tests
One way to defend against this charge is to challenge sobriety testing results. This can be very important since frequently, problems arise with blood testing. For example, your lawyer will want to know when you consumed your last meal, what medications you were using at the time of the accident, and any medical conditions that could significantly affect a blood alcohol test.
Using Mitigation Evidence in Your Case
While developing a solid and thorough defense, it is also vital that a defendant produce mitigation evidence that can help mitigate a potential sentence in the event of a guilty plea or verdict. Mitigation evidence is any evidence that may justify a lower sentence.
When appropriate, this can include getting a defendant into alcohol or drug rehab treatment. Our attorneys can also take proactive steps, such as weekly drug tests or daily alcohol monitoring, to prove that a defendant has avoided drinking alcohol or taking illegal substances since the arrest.
It is also a good idea to develop a list of character references who can testify or write letters on behalf of a defendant that can be used for possible sentencing.
What Is Intoxication Manslaughter? How Is It Different From Intoxication Assault?
Intoxication manslaughter, according to Texas Penal Code Ann. § 49.08, occurs when a person:
- “…operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride, and
- ….is intoxicated and [because of] that intoxication causes the death of another by accident or mistake.”
Essentially, intoxication manslaughter means that the DUI accident you allegedly caused involved the death of a victim.
Intoxication manslaughter in Texas is a 2nd-degree felony—a severe charge with harsh penalties. If an individual is convicted of this charge, they face the following consequences:
- 2-20 years imprisonment
- A fine of up to $10,000
- 240 hours of community service or more
The consequences of a felony conviction extend far beyond jail time, fines, and community service. Offenders often face difficulty finding employment or housing, and reputations and relationships may suffer dramatically due to a conviction.
We Defend Irving Residents Against DWI Accident Charges
Persons accused of intoxication assault often feel as if they are convicted the minute they are charged, but this isn’t true. Being involved in such an unfortunate event, although tragic, does not mean that more lives need to be ruined due to the justice process.
Those accused of intoxication assault are still innocent until proven guilty, like anyone accused of a crime. An experienced DWI attorney firm such as the Law Offices of Randall B. Isenberg will work diligently to hold judges and juries to the standard of presumed innocence.
Talk to an Intoxication Assault Lawyer in Irving About Your Case
If you face arrest or charges for intoxication assault in Irving, or elsewhere in Dallas-Fort Worth or the surrounding areas, the intoxication assault lawyers in Irving, TX from the Law Offices of Randall B. Isenberg are here to take on your case and fight for a more favorable outcome on your behalf. We understand how stressful this situation is and that it poses a significant threat to your freedom. Let us go to work for you.
Call us today at (214) 696-9253 to learn more about how we can help with your DWI or intoxication assault case in Irving.
