Intoxication Assault Lawyer Houston, TX

Intoxication Assault Laws in Texas

A DWI arrest is a serious problem under any circumstances. If there was a car accident and someone was injured, the consequences can be catastrophic. If you have been arrested for intoxication assault, a conviction could land you in the state penitentiary for up to 10 years. Serious charges such as these require equally serious criminal defense representation.

At The Law Offices of Jed Silverman, we provide aggressive legal defense for drivers who have been arrested on DWI charges, including severe charges like intoxication manslaughter and intoxication assault. We serve local and out-of-state drivers in Houston, Harris County, and across Texas. If you are looking for an intoxication assault defense lawyer who is experienced and will fight for your freedom, consider our firm.

Contact our Houston intoxication assault lawyer for a consultation today!

What Is Intoxication Assault in Texas?

Intoxication assault in Texas is a serious criminal offense defined under Texas Penal Code § 49.07. It occurs when a person, while operating a motor vehicle, aircraft, watercraft, or amusement ride, causes serious bodily injury to another individual as a result of intoxication. This third-degree felony can lead to severe penalties, including significant fines, lengthy prison sentences, license suspension, community service, and mandatory use of an interlock ignition device.

DWI Causing Injury is a Felony Offense in TX

According to Texas Penal Code § 49.07, intoxication assault is a third-degree felony. 

The following penalties may be imposed upon an intoxication assault conviction:

• Up to $10,000 fine
• 180-day to 2-year of license suspension
• 2 to 10 years in the state penitentiary (excluding jail time you might get for a DWI)
• Up to 1,000 hours of community service
• Required use of an interlock ignition device (IID) to ensure sobriety when driving
• Possible drug and alcohol rehabilitation, and counseling
• Possible probation

There are other consequences as well:

• Fees to reinstate driving privileges: Getting your license back after a suspension will involve additional fees.
• Enhanced charges: If the victim of your intoxication assault was a law enforcement officer, firefighter, or emergency medical personnel, the offense becomes a second-degree felony, which carries a steeper sentence.

Intoxication Assault vs. Intoxication Manslaughter

Intoxication assault and intoxication manslaughter are both severe offenses in Texas, but they differ in their outcomes and legal repercussions. Intoxication assault involves causing serious bodily injury to another person while driving under the influence of alcohol or drugs. The injury must be substantial, significantly impairing the victim’s physical condition. This crime is classified as a third-degree felony, carrying penalties of 2 to 10 years in state prison, fines up to $10,000, and additional consequences like license suspension and mandatory community service.

On the other hand, intoxication manslaughter is a more grave offense that occurs when an intoxicated individual causes the death of another person while operating a vehicle. This crime is categorized as a second-degree felony, which involves harsher penalties, including 2 to 20 years in state prison and fines up to $10,000. 

The key distinction lies in the severity of the outcome—serious injury versus death—and the corresponding level of felony charge, with intoxication manslaughter facing more severe legal consequences. Both charges necessitate the attention of a skilled Houston intoxication assault defense attorney to navigate the complexities of Texas law and mount an effective defense.

Defenses Against Intoxication Assault Charges In Texas

Some potential defenses for an intoxication assault charge in Texas include:

Challenging Intoxication:

• The prosecution must prove you were intoxicated beyond a reasonable doubt. An attorney can challenge the validity of field sobriety tests, breathalyzer results, or blood tests if there were issues with administration or procedures.

Challenging Causation:

• Even if you were intoxicated, the state needs to prove your intoxication caused the accident that led to serious bodily injury. An attorney might argue other factors like mechanical failure, distractions, or another driver's fault were the main cause.

Serious Bodily Injury Definition:

• Texas has a specific definition of "serious bodily injury." An attorney might argue the victim's injuries don't meet the legal threshold.

There are complexities involved in these defenses, but a Houston intoxication assault defense attorney will be able to analyze the specifics of your case to determine the best course of action.

Skilled Representation for Intoxication Assault Charges in Houston

Through our over 20 years in practice, we have successfully won the dismissal of charges, reduced charges, and acquittal for clients in Houston and throughout Texas who have been charged with intoxication assault and other felony DWI charges. Attorney Jed Silverman is a certified breath test operator and field sobriety test conductor who knows the hurdles the police and prosecution must overcome to win a conviction. This knowledge allows him to seize on defense opportunities to give our clients the best possible chance at success.

Contact our team at (713) 597-2221 and work with a Houston intoxication assault attorney who will put you first and fight tirelessly for your rights and freedom.