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Intoxication Assault

San Antonio Intoxication Assault Lawyers

Aggressive Legal Help for Clients Throughout Bexar County, TX

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) 899-7566 or submit our online contact form to get started.

Contact Our Firm
Ready to take action? Reach out to us today and let's start working towards your legal goals together. Whether you have questions about your case, need immediate assistance, or want to schedule a consultation, our experienced team is here to help.

Elements of Intoxication Assault under Texas Law

The elements of intoxication assault under Section 49.07 that must be proven include:

  • the defendant by accident or mistake;
  • while operating a motor vehicle;
  • in a public place;
  • while intoxicated; 
  • caused serious bodily injury to another.

The law also outlines the other forms of intoxication assault, such as operating an aircraft, watercraft, or amusement ride while intoxicated. 

Definitions in the Texas Intoxication Assault Statute

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.

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Why Choose Flanary Law Firm, PLLC?

  • Constant Communication
    At our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
  • A History of Results
    With multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
  • Experience You Can Count On
    At our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
  • Advice on Your Timeline
    We understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
  • Free Initial Consultations
    We understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
  • Personalized Legal Defense Strategies
    All criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.

Intoxication Assault Defenses

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.

Contact Flanary Law Firm, PLLC

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) 899-7566 today. 

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