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The crime of intoxication assault is prosecuted under Texas Penal Code Section 49.07 as a third-degree felony. Texas law provides for harsh penalties if you operate a motor vehicle in a public place while intoxicated and thus cause someone else serious bodily injury.
In an intoxication assault prosecution, the prosecutor is not required to show that you intended to cause a crash or had any intention to commit the crime. Many of these cases involve a forced blood draw or blood test evidence obtained at the hospital.
If you are under investigation for intoxication assault in the greater San Antonio area or charged with the offense by indictment, you can turn to a proven and aggressive team at Flanary Law Firm, PLLC
Attorney Don Flanary also represents clients charged with intoxication assault for causing serious bodily injury in other circumstances. These include when assembling a mobile amusement ride while intoxicated or while operating a boat, watercraft, or airplane. Our firm also represents clients charged with intoxication manslaughter if a traffic crash caused or contributed to the death of another person.
Reserve your free case evaluation with a San Antonio intoxication assault attorney at Flanary Law Firm, PLLC. Call (210) 738-8383 or submit our online contact form to get started.
The elements of intoxication assault under Section 49.07 that must be proven include:
The law also outlines the other forms of intoxication assault, such as operating an aircraft, watercraft, or amusement ride while intoxicated.
Under the Intoxication Assault statute, “bodily injury” means physical pain, illness, or any impairment of physical condition. The term “serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
The term “intoxicated” means not having the normal use of mental or physical faculties because of ingesting alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body, or having an alcohol concentration of 0.08 or more.
“Alcohol concentration” means the number of grams of alcohol per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine.
The term “motor vehicle” means a device in, on, or by which a person or property is or may be transported or drawn upon a highway, except a device used exclusively on stationary rails or tracks.
The term “public place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
An intoxication assault offense is a felony of the third degree. The penalties can be enhanced under Section 49.09(b-4) to a felony of the second degree if it is shown at the trial that you caused a traumatic brain injury that results in a persistent vegetative state.
Under 49.09(b-1), an offense under Section 49.07 for intoxication assault is a second-degree felony if it is shown that you caused serious bodily injury to a peace officer, a firefighter, or emergency medical services personnel while in the actual discharge of an official duty.
For purposes of enhanced penalties for DWI-related crimes, a conviction for intoxication assault under Section 49.07 that occurs on or after September 1, 1994, is final, whether the sentence for the conviction is imposed or probated.
Intoxication assault and intoxication manslaughter are two distinct offenses related to driving while intoxicated that result in serious harm or death.
Intoxication assault involves serious bodily injury, as defined above. Intoxication manslaughter involves a fatal accident; the fatality must be directly linked to the intoxicated state of the driver. Intoxication assault is generally a third-degree felony, while intoxication manslaughter is a second-degree felony.
Both carry severe penalties, but intoxication manslaughter has the potential for a longer prison sentence due to its higher classification.
Under Section 49.10, it is not a defense to be entitled to use alcohol, controlled substances, drugs, dangerous drugs, or other substances. Under Section 49.12, crimes for intoxication assault and intoxication manslaughter do not apply to injury or the death of an unborn child if the mother of the unborn child commits the conduct.
Submit your contact information to request a free, confidential case evaluation. Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with a San Antonio intoxication assault attorney. We can evaluate your unique situation and provide valuable information about how we may be able to help you.
Reach us on our online contact form or call (210) 738-8383 today.
