What Is Intoxication Assault in Texas?
Under Texas Penal Code § 49.07, intoxication assault occurs when:
- A person operates a motor vehicle while intoxicated.
- They cause serious bodily injury to another person.
- The injury results from the intoxication itself, not just the accident.
What Counts as "Serious Bodily Injury"?
Texas law defines serious bodily injury as an injury that:
- Creates a substantial risk of death.
- Causes permanent disfigurement.
- Results in loss or impairment of a bodily function or organ.
Even if the injuries were unintentional, the prosecution does not have to prove intent — only that intoxication was a factor in the accident.
Penalties for Intoxication Assault in Texas
Intoxication assault is a third-degree felony, meaning a conviction could result in:
- Prison Time
2 to 10 years in state prison. - Fines
Up to $10,000. - Driver’s License Suspension
Up to 2 years. - Mandatory Alcohol Treatment
Court-ordered programs and community service. - Ignition Interlock Device (IID)
Required installation in your vehicle.
Enhanced Penalties for Aggravating Factors
Your case could be upgraded to a second-degree felony with harsher penalties if:
- The victim is a first responder (police officer, firefighter, or EMT).
- The injuries are catastrophic or life-threatening.
- You have prior DWI convictions.
A felony conviction can permanently affect your ability to find a job, secure housing, and obtain professional licenses.
Can an Intoxication Assault Charge Be Reduced?
Yes — intoxication assault charges can be reduced or dismissed in some cases. Our defense strategies may include:
- Challenging BAC Test Results
Breathalyzers and blood tests can be inaccurate due to improper handling, medical conditions, or equipment failure. - Questioning Police Procedures
If officers violated your rights or lacked probable cause for the arrest, the case may be weakened. - Disputing Causation
The prosecution must prove that intoxication caused the injuries, not just that an accident occurred. - Negotiating Lesser Charges
In some cases, we can reduce charges to a misdemeanor DWI instead of a felony.
How We Fight Intoxication Assault Charges
At Turnbull Legal Group, we examine every aspect of your case to fight for reduced penalties or case dismissal.
Examining the Traffic Stop
If law enforcement did not have a valid reason to stop you, we can challenge the legality of the arrest.
Disputing Field Sobriety & Breath Tests
Breathalyzers and field sobriety tests are not always reliable — we investigate errors in test administration.
Analyzing Accident Reconstruction Reports
Proving that intoxication caused the accident is crucial. Our legal team works with accident reconstruction experts to challenge the prosecution’s claims.
Negotiating with Prosecutors
Sometimes, we may secure reduced charges, probation, or alternative sentencing to avoid long-term prison sentences.
The Turnbull Legal Group Approach to Intoxication Assault Defense
At Turnbull Legal Group, we take an aggressive and strategic approach to intoxication assault defense. We use our deep knowledge of Texas DWI and criminal laws to fight for the best possible outcome.
Initial Consultation
We begin with a detailed case review, carefully explaining your legal options, potential defenses, and the steps necessary to build a strong case.
Thorough Investigation
We analyze police reports, breathalyzer and blood test results, dashcam footage, accident reports, and witness statements to identify weaknesses in the prosecution’s case. Any procedural errors or rights violations can be leveraged to challenge the charges.
Strategic Negotiations
If dismissal isn’t an immediate option, we work to reduce charges or negotiate alternative sentencing, such as probation, alcohol treatment programs, or community service, to help you avoid the harshest penalties.
Trial Readiness
If the prosecution refuses a fair resolution, we are fully prepared to take your case to trial. We challenge the accuracy of BAC tests, police procedures, and causation evidence to cast doubt on the state’s case and fight for an acquittal.
Protect Your Future with an Aggressive Defense
A felony intoxication assault charge can lead to years in prison, heavy fines, and a permanent criminal record. The right defense strategy can make all the difference.
