You have been out with friends at a local restaurant and bar where you’ve had a few drinks with dinner. You’re feeling fine and you get in your car to drive home. However, your reaction time has been compromised because, whether by accident or mistake, you fail to stop in time when a traffic light turns red. That mistake results in the injury of another driver with whom you collide. You stay at the scene and render help. When a police officer arrives, you are tested for alcohol and your blood alcohol concentration is above .08 percent, the legal limit. Unfortunately, the other driver has suffered a concussion and unconsciousness that may prove to be a serious brain injury. You are now on the hook for what is known as intoxication assault in Texas.
Under Texas Penal Code Chapter 49, intoxication assault is committed when you cause serious bodily injury to another through accident or mistake while intoxicated when driving, boating, flying an aircraft, or operating or assembling an amusement park ride. Intoxication may be from alcohol, drugs, or a combination of both. In this offense, the injury of the other person is caused by your intoxication. The charges you face may be multiple, in such cases, including not only the third-degree felony of intoxication assault but the Class B misdemeanor of a first-offense DWI. Under such serious circumstances, your priority should be to bring in an experienced intoxication assault attorney to defend you. You will find diligent and trusted legal help at Rodriguez & Gimbert where we have 45 years of combined experience.
More About Texas Intoxication Assault
Part of the legal definition of intoxication assault is that it causes “serious bodily injury.” What does that mean? In Texas, it means that the injuries led to “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.” (Texas Penal Code Title 1 Chapter 1 Section 46). Examples of this would be a limb that is crushed causing amputation, a wound to the eye causing blindness, or burns to the face from a car fire causing permanent disfigurement.
In an intoxication assault incident, if you fail to submit to a blood or breath test when requested to do so by the attending officer, you will automatically lose your driving privileges. You will only have 15 days to request a hearing with the Texas Department of Public Safety to challenge an automatic suspension.
The penalties you will face upon a conviction for this offense include prison time of two up to 10 years and/or a fine of up to $10,000 along with a suspension of your driver’s license for 90 days up to a year. When such an offense is committed against a public servant such as law enforcement, firefighters, emergency medical technicians, or the like, the penalties can be enhanced to prison time of two up to 20 years. Other penalties can include up to 1,000 hours of community service, completion of an approved alcohol or drug education program, the requirement of an ignition interlock device installed on your vehicle at your own expense, and court costs and fees.
Arrested in Bryan, College Station, or Brazos County?
If you have been arrested for intoxication assault, you can get trusted legal help from our legal team. We serve clients in both English and Spanish. Your free, initial case review with one of our team is only a phone away. We urge you to reach out to us as soon as possible in the wake of any criminal offense arrest.
Contact us at (979) 559-3599 to arrange to speak with one of our team today.