What is intoxication assault ?

Texas state law considers Intoxication Assault an instance where a person causes serious bodily injury to another person by accident or mistake during the act of boating, flying, or driving while intoxicated in a public place, where the injury is a result of a defendant’s intoxication.

Serious bodily injury is generally defined as an 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.

Intoxication assault is a serious charge that can be compounded by various DWI related charges, elevations, and penalties. Speaking with legal counsel can help you unpack the different charges and potential punishments associated.

Intoxication Assault Penalties

Intoxication Assault is classified as a felony DWI Third Degree. As such, it carries potential penalties including:

  • Up to $10,000 in fines
  • 2 to 10 years in the Texas Department of Criminal Justice
  • Driver’s license suspension ranging from 180 days to 2 years

If you are convicted, there will also be an annual $1,000-$2,000 surcharge fee required every year for 3 years in order to retain your driver’s license. Additionally, felony convictions disqualify you from voting and possessing a firearm.

Because Intoxication Assault is a type of DWI related charge, it is possible that you may face related charges and separate penalties based on the exact charges you are facing. It’s good to be informed of both your rights and the full charges being placed against you. For example, an Intoxication Assault charge may carry heavier penalties or punishments if this is also a DWI 2nd or DWI 3rd, or if your BAC levels were above certain levels.


Probation and the Deadly Weapon Classification

Probation can be a complex subject when it comes to Intoxication Assault charges. Even if you are granted probation, you will still be required to serve a 30 day jail sentence.

In the event your vehicle was driven in a way that made it a “deadly weapon,” then there is an additional penalty that prohibits good time credit in prison from being considered towards early release until half the sentence has been satisfied. This condition can also restrict your ability to receive probation.

Felony charges such as Intoxication Assault have the potential to be life altering legal experiences. Working with a professional DWI attorney can help you better understand your rights, the full range of potential results in your case, and how to proceed when facing these charges.

Intoxication Assault and the Ignition Interlock Requirement

For those convicted of intoxication assault, as a condition of bond, courts will require that a defendant’s vehicle be fitted with an ignition interlock device, and they will not be allowed to operate a motor vehicle without one.

Interlock devices determine the presence of alcohol in your breath, and should it detect a certain level of alcohol, the vehicle will be temporarily disabled. In some circumstances, courts may dictate that you are not to operate a motor vehicle at all while your case is pending.

Additionally, you may be ordered to abstain from the use of alcohol or any controlled substances without a prescription leading up to and during the handling of your case. This may be enforced by the court through random drug testing.



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