Intoxication Assault Texas
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Texas Intoxication Assault Defense Attorney B. Keith Jackson
Driving while intoxicated is a serious offense, especially if someone is hurt as a result of the offense. If you have been accused of intoxication assault, Texas criminal defense attorney B. Keith Jackson, Attorney and Counselor at Law, is prepared to fight for justice on your behalf.
An intoxication assault charge is much more severe than a typical drunk driving offense and can result in hefty fines and jail time. As a skilled drunk driving attorney in Houston, B. Keith Jackson understands the high stakes involved in these cases. With decades of experience defending clients throughout Texas,
Attorney Jackson is ready to fight for your rights and build a strong defense. Contact us at (281) 545-5020 today to schedule a case evaluation and discuss your options.
What is Intoxication Assault in Texas?
While it may sound like “intoxication assault” has to do with committing assault in Texas while drunk, that’s not the case. Texas defines intoxication assault as causing bodily injury to another person as a result of being intoxicated while operating a motor vehicle, aircraft, watercraft, or amusement ride.
If you have been accused of intoxication assault, Houston assault defense lawyer B. Keith Jackson can help ensure that you understand the charges against you. He can also build a strong defense on your behalf, helping you receive the best possible outcome in your case.
Intoxication Assault vs. Intoxication Manslaughter in Texas
While both offenses involve driving under the influence, intoxication assault and intoxication manslaughter are treated differently under Texas law. According to Texas’s intoxication assault law, Intoxication assault occurs when an intoxicated person operates a motor vehicle and causes serious bodily injury to another person. This means that the accident put someone at substantial risk of death or serious permanent disfigurement, but did not cause the death of the injured person.
Intoxication manslaughter, on the other hand, occurs when someone kills another person as a result of operating a motor vehicle while intoxicated. In Texas, intoxication assault is typically charged as a third-degree felony, while intoxication manslaughter is a second-degree felony.
Intoxication Assault Texas Penal Code
Under Tex. Penal Code § 49.07, a person commits intoxication assault by causing serious bodily injury as a result of operating a motor vehicle under the influence of alcohol or drugs. This can be done while operating a car, truck, boat, aircraft, or even an amusement ride while intoxicated.
In Texas, the blood alcohol limit (BAC) is 0.08%. If someone has a BAC of 0.08% or more, or they are impaired to the point that their faculties are affected by a controlled substance or alcohol, they can be deemed “intoxicated.”
Additionally, if the intoxicated person causes an accident, which causes serious injury to another person, they could be charged under Texas’s intoxication assault statute.
Definition of Serious Bodily Injury (SBI)
Under Texas law, serious bodily injury refers to harm that creates a substantial risk of death, causes permanent damage to a bodily member or organ, or results in a long-term loss of mental or physical faculties.
In the context of an intoxication assault, this can include injuries such as a traumatic brain injury, spinal damage, or even putting someone into a persistent vegetative state. Texas courts take these types of injuries seriously, and charges of intoxication assault can result in serious felony charges.
Texas Intoxication Assault Penalties
An intoxication assault charge in Texas is a third-degree felony under the Texas Penal Code, and may result in:
- Between 2 and 10 years in state prison
- Mandatory 30 days in the county jail
- Fines of up to $10,000
- Between 180 days and 2 years of driver’s license suspension
- Community service
- Use of an ignition interlocking device
If you have been accused of causing someone serious bodily injury while driving under the influence of alcohol or a dangerous drug, contact an experienced criminal defense attorney. They can evaluate the facts in your intoxication assault case and help you understand the charges you may be facing.
Enhanced Penalties for an Intoxication Assault Conviction
In some cases, a person could face increased penalties for intoxication assault, depending on the circumstances of their case. A person convicted of intoxication assault could face enhanced penalties if:
- They have an intoxication manslaughter charge on their record
- They have 2 or more DWI charges on their record
- The accident caused serious bodily injury to a firefighter, law enforcement officer, emergency medical services personnel, or a judge
- The accident causes a victim to suffer from a traumatic brain injury as a result of the accident
When a person commits an offense under Tex. Penal Code § 49.04 to § 49.08, they officially have a DWI charge on their record. If they commit one crime under this part of the Texas Penal Code, they could experience additional penalties for every subsequent offense.
That’s one of the many reasons why it’s important to keep every single DWI offense off your record. Having a dedicated DWI attorney in Houston to evaluate your case and defend your interests can ensure you have the best chance at keeping your record clean.
How Can a Criminal Defense Attorney Help Your Case?
If you are facing criminal charges for intoxication assault, you need a knowledgeable criminal defense attorney who understands how to challenge the evidence and protect your rights.
A skilled attorney may be able to cast reasonable doubt on the reliability of field sobriety tests, challenge the legality of police actions, and fight against the prosecution’s arguments.
Additionally, an attorney can also help mitigate penalties, such as fines, jail time, or license suspension, and can fight to have charges dropped altogether. With so much at stake, having a strong defense is your best chance at a favorable outcome. The best way to build a strong defense is to work together with an experienced intoxication assault attorney in Houston.
Common Defenses to Intoxication Assault in Texas
There are a number of defenses to intoxication assault that can help fight these accusations. Some common defenses include:
- Challenging the accuracy of field sobriety tests
- Asserting that the victim did not suffer serious bodily injury
- Using the rising BAC defense
- Stating that police violated the offender’s rights
- Claiming that the prosecution does not have evidence to prove fault beyond a reasonable doubt
The rising BAC defense states that the offender’s blood alcohol concentration rose from the time of the accident to the time they were tested, and that they had a BAC of under 0.08% at the time of the offense.
If you have been accused of an intoxication assault offense, it’s important to contact a criminal defense lawyer in Houston with experience handling various DWI crimes, like B. Keith Jackson. He can evaluate your situation and develop the best defense based on the facts of your case.
Intoxication Assault FAQs
Can I Be Sued for Intoxication Assault in Texas?
Yes, if you cause a car accident as a result of DWI, and someone suffers from any kind of injury, you could be sued by the victim or their family in a personal injury lawsuit. A DWI car accident claim in Texas could find you liable for medical expenses, property damage, emotional distress, lost wages, and more.
Will I Lose My Driver’s License for Intoxication Assault?
Yes, but only temporarily. If you are accused of intoxication assault, you could have your driver’s license suspended for a minimum of 180 days, and a maximum of 2 years following the completion of your jail or prison sentence.
What is Considered Serious Bodily Injury in Texas?
In intoxication assault cases, serious bodily injury is defined as any injury that places the victim at significant risk of death or permanent disfigurement. If the victim of the intoxication assault suffers from a traumatic brain injury, the offender could face enhanced penalties.
Facing an Intoxication Assault Charge? Call Houston, Texas Intoxication Assault Lawyer B. Keith Jackson Today
If you have been arrested for intoxication assault in Texas, you are likely feeling overwhelmed, and rightfully so. The penalties for intoxication assault in Texas can affect your freedom, finances, and future. Thankfully, you do not have to face the criminal justice system alone. Houston criminal defense attorney B. Keith Jackson has the experience and dedication to defend your rights and guide you through the legal process.
Call (281)-545-5020 today to schedule a confidential consultation and discuss your options with a legal professional.
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