Intoxication Assault in Fort Bend County, Texas

If you drive while intoxicated and cause serious injury to someone else, you may be charged with intoxication assault. The state of Texas classifies intoxication assault as a third-degree felony and if convicted, you could face serious penalties including long-term imprisonment. If you face a charge of intoxication assault you need to seek the aid of a qualified Fort Bend County Intoxication Assault attorney to protect your rights.

What is Intoxication Assault?

Texas law has a specific definition of intoxication assault, also known as DWI with Serious Bodily Injury. Under Section 49.07 of the Texas Penal Code, Intoxication Assault occurs when:

  1. A person commits an offense if the person, by accident or mistake:
    • while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or
    • as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.
  2. 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.

For example, if you cause a car accident and the police determine that you were driving while intoxicated, you could face an intoxication assault charge if a passenger in your vehicle or the occupants of the other car were severely injured.

What Are the Penalties for Intoxication Assault?

A conviction for intoxication assault in Texas carries potentially stiff penalties including:

  • Incarceration – Texas law requires anyone convicted of intoxication assault to serve a minimum of two years in the Texas State Prison System, unless you receive probation. Depending on the circumstances of the case, the judge may sentence the offender to up to ten years in prison.
  • Probation – If you receive probation, you must serve a minimum of 30 days in the county jail as a condition for release. If the offense involved the use of a deadly weapon, the court may deny you the opportunity to receive any type of probationary sentence.
  • Community Service – Under Texas law, the judge may impose between 160 and 600 hours of community service as a condition of probation.
  • Fine – You may also face a fine of up to $10,000

Additional Stipulations:

Aside from the aforementioned penalties, you may also face additional consequences if convicted of intoxication assault, not limited to but including:

  • Deep Lung Air Device: This is an ignition interlock device that prevents you from driving while intoxicated. Once this is installed in your car, you must perform a breath test before your vehicle will start.
  • Drug/Alcohol Testing/Treatment: You may be subject to periodic drug or alcohol testing during your probationary period. You may also be required to seek professional treatment for drug and alcohol addiction.
  • DWI Education: You must complete a DWI education class within 180 days of being placed on probation. Failure to do so will result in automatic suspension of your driver’s license for up to one year.
  • Electronic Monitoring: Depending on the terms of your release, you may also have to submit to electronic monitoring during your probationary period.

As of spring 2011, Texas lawmakers were pushing for stiffer penalties for intoxication assault cases. The Abdallah Khader Act, which was signed into law effective September 1, 2011, makes intoxication assault a second-degree felony if the victim suffers severe brain trauma which leaves them in a persistent vegetative state.

Intoxication assault is also considered a second-degree felony if the bodily injury occurs to a peace officer, firefighter, or emergency medical services worker during the course of official duty.

You may also be faced with a civil lawsuit if the victim or their family chooses to sue you. Under Texas law, you may be required to pay compensation to the victim for their injuries. A civil judgment may be entered against you even if you’re cleared of criminal charges.

How Can an Intoxication Assault Attorney Help Me?

An experienced Fort Bend County Intoxication Assault Attorney is crucial in defending your rights and mounting an effective defense against the charges. In an intoxication assault case, your attorney will work to:

  • Establish the facts of the case by gathering evidence, including police reports, eyewitness testimony, medical reports and drug/alcohol testing results if applicable
  • Determine the most appropriate defense for your case
  • File motions to exclude certain evidence and/or witness testimony
  • Negotiate a reduced sentence in cases where a conviction is likely

Be aware that state law imposes deadlines for claiming certain types of defenses following an arrest for intoxication assault. Your Texas intoxication assault lawyer should be able to guide you in choosing the best defense for your case.

What Should I Do if I’m Arrested for Intoxication Assault?

Following an arrest for intoxication assault, you may be confused, frightened and unsure of what to do next. If you’re arrested for intoxication assault in Fort Bend County, you should waste no time in contacting the law office of Intoxication Assault Attorney Lee D. Cox for help.

Lee is an experienced Texas criminal defense attorney who is dedicated to preserving the rights of his clients and aggressively defending them against intoxication assault charges. He is committed to proving your innocence and helping you get your life back on track following an intoxication assault arrest.

Call 281-762-7345 today to arrange an appointment for your free initial intoxication assault case evaluation. We’re eager to discuss the details of your case to see how we can help.

At the law firm of Lee D. Cox, we specialize in helping defendants like you who have been charged with intoxication assault. We have a proven reputation for results and we are dedicating to seeking justice for every client. Don’t hesitate another day. Call now to get the expert legal representation you need for your Fort Bend County Intoxication Assault case.

20+ Years of Experience in Criminal Defense

I began my career with the District Attorney's office and have been in private practice focusing on criminal defense in Fort Bend and surrounding counties since 2002.

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