Intoxication Assault

When a DWI (Driving While Intoxicated) case involves someone being seriously injured, then it can be charged as intoxication assault, a third-degree felony. Intoxication assault cases involve all of the technical matters of a DWI case, plus medical experts and a victim. These cases are especially difficult for clients when the injured person is a friend or family member.

We Help In And Outside The Courtroom

At the Hoelscher Gebbia, PLLC, we know that our Intoxication Assault clients are dealing with more than felony charges. We know that our clients deal with the grief of unintentionally injuring another person seriously. We consult with and refer our clients to experts who can help them with their trauma resulting from being charged with and being involved in an intoxication assault.

Potential Consequences Of A Conviction

The legal consequences of intoxication assault are severe, too. Intoxication assault is a third degree felony with a sentencing range of between two (2) and ten (10) years in prison. Under Texas Penal Code § 49.09 if the person caused serious bodily injury by a drunk driver is a law enforcement officer, firefighter, or emergency medical services personnel then it can be enhanced. An enhanced intoxication assault charge is a Second-Degree Felony carrying a sentence of between two (2) and twenty (20) years in prison.

However, the state must prove that the injury was the result of the accused driver's actions and that the injury rises to the legal level of "serious bodily injury." These issues can be hotly contested, even when intoxication cannot.

The legal consequences of intoxication assault begin even when a client has not been convicted. Since Sept. 1, 2009, blood draws may be performed for these types of cases without a warrant. Texas state law also requires special conditions of bond in most cases, such as an ignition interlock device, Antabuse medication, driver's license suspension, a SCRAM ankle monitor, or other measures.

Intoxication assault charges require skilled, experienced counsel who is familiar with both DWI defense and felony trials, as these cases often require a jury trial. Intoxication assault is a life-altering situation, but by focusing on our clients' needs, using skilled experts, and relying on our trial experience, the consequences can be minimized for our clients and their families.

Texas Penal Code § 49.07 Intoxication Assault

  • (a) A person commits an offense if the person:

(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and

(2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.

  • (b) In this section, "serious bodily injury" means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
  • (c) An offense under this section is a felony of the third degree.

When the victim of an intoxication assault case dies, then the accused can be charged with Intoxication manslaughter, a more serious charge.

Contact our San Antonio, Texas, law office after an arrest to learn how we can put our experience and resources to work protecting your rights and interests. Call 210-570-9902 or complete our online contact form.