Houston Intoxication Assault Attorney
Texas law defines Intoxication Assault as causing serious bodily injury to another person by accident or mistake while boating, flying, or driving under the influence in a public place. The injury must result from the defendant’s intoxication.
Serious bodily injury refers to harm that poses a significant risk of death, causes permanent disfigurement, or results in long-term loss or impairment of bodily function.
Intoxication Assault is a serious offense and can carry additional charges and penalties related to DWI. Consulting with legal counsel at Law Offices of Gary Trichter can help you better understand the charges and potential consequences you may face.
Understanding Intoxication Assault Charges in Texas
An accusation of Intoxication Assault in Texas is a serious legal matter with significant consequences. Under Texas Penal Code §49.07, this charge applies when an individual, by accident or mistake, causes serious bodily injury to another person while operating a motor vehicle in a public place and being intoxicated. Unlike a standard DWI, this is a felony offense due to the injuries’ severity. Understanding the specifics of this charge is a crucial first step in addressing it.
Under Texas law, intoxication is not limited to alcohol impairment. It is defined as the loss of normal mental or physical faculties caused by alcohol, a controlled substance, a drug, a dangerous drug, a combination of these substances, or any other substance introduced into the body. Alternatively, intoxication can be proven by an alcohol concentration of 0.08 or higher. Prosecution may rely on various forms of evidence to establish this element.
Call (979) 472-3858 to schedule a free consultation with a Houston intoxication assault attorney today.
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“I absolutely recommend, respect, and appreciate Gary and his team.They made the legal process easy, and were extremely helpful throughout the entire DWI ordeal. Gary specializes in Texas DWI cases and has a history of success. More importantly, in my opinion, is his fortitude, persistence, and unapologetic approach to these complacent DAs and Judges that seemed so eager to destroy my livelihood. Call Gary Trichter!! He will shoot you straight, and you will not regret hiring him and his team.”- Kyle O.
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“Gary and his staff are absolutely the best attorneys you can get. They deeply care for their clients well being and will fight for the best outcome possible. Gary's knowledge of the law and his calm demeanor has put my mind at ease when I had a medical situation that was very scary and misunderstood by an officer. He told me" I will walk you through this" and he did just that! scince then he has became a trusted friend.”- Kevin J.
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“With all the charges against me, which were felonies I was in serious need of a wise exceptional attorney and Gary is just that. He got resisting arrest, illegal carry of a gun and an outstanding warrant for a car accident. All charges were dismissed.”- Erica S.
Intoxication Assault Penalties
Intoxication Assault is classified as a felony DWI Third Degree and comes with serious consequences, including:
- Fines of up to $10,000
- A prison sentence of 2 to 10 years in the Texas Department of Criminal Justice
- Driver’s license suspension for 180 days to 2 years
A conviction also requires an annual surcharge fee of $1,000 to $2,000 for three years to retain your driver’s license. Additionally, felony convictions result in the loss of voting rights and the ability to possess a firearm.
Since Intoxication Assault is a DWI-related charge, you may also face additional penalties depending on your specific situation. For instance, penalties increase significantly for repeat offenses, such as DWI 2nd or DWI 3rd, or if your BAC levels exceed the legal limit substantially.
Awareness of all charges and potential consequences is essential to understanding your challenges.
Intoxication Assault & the Ignition Interlock Requirement
If convicted of intoxication assault, courts typically require your vehicle to be equipped with an ignition interlock device as a condition of bond. You will not be allowed to drive a car without one. These devices measure alcohol levels in your breath, and if alcohol is detected above a certain threshold, the vehicle will be temporarily disabled. In some cases, the court may prohibit you from driving altogether while your case is pending.
You may also be required to abstain from alcohol and any controlled substances without a valid prescription before and during your case. To enforce this, the court may order random drug tests.
At the forefront of the industry stands our visionary founder, Gary Trichter. He earned the distinction of being the very first Board-Certified DWI Specialist in Texas. This certification is only given by the National College of DUI Defense (NCDD) which is recognized by the American Bar Association.
Gary has spoken at hundreds of seminars on DWI and has taught lawyers, judges, and prosecutors about DWI law. Gary co-authored the textbook Texas Drunk Driving Law and is leading the way with unparalleled expertise in the field.
The Critical Element of Serious Bodily Injury
In an Intoxication Assault charge, the prosecution must prove that the alleged victim sustained serious bodily injury. According to Texas Penal Code §1.07(a)(46), this refers to an injury that poses a substantial risk of death, causes severe permanent disfigurement, or results in long-term loss or impairment of a body part or organ. This definition is pivotal as it elevates the charge beyond a standard DWI or simple assault.
The range of injuries that qualify as serious bodily injury is broad. Common examples include severe fractures, significant burns, injuries requiring major surgery, traumatic brain injuries, loss of a limb, or damage to internal organs. Scarring or lasting functional impairment also falls into this category.
To substantiate this element, prosecution typically relies on detailed medical evidence. This may involve hospital records, imaging reports, photographs of the injuries, and testimony from medical professionals who can explain the injuries’ severity, extent, and lasting effects. The presentation and scrutiny of this evidence play a critical role in the case, making its thorough analysis an important focus for the defense.
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1st Board-Certified DWI Specialist in TexasOur Founder Gary Trichter was the 1st Board-Certified DWI Specialist In The State of Texas to earn the designation of “DWI Specialist”.
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