When someone is pulled over for driving while intoxicated in Texas, the charge is usually a misdemeanor DWI. It’s a serious offense, but it’s typically handled as a misdemeanor. But when that DWI involves another person suffering a serious bodily injury, the charge changes entirely.
Intoxication assault is a felony offense with higher fines, potential license revocation, and jail time. Whether the accident involved a pedestrian or a passenger in your vehicle, the prosecution’s case still comes down to three pillars: intoxication, operation, and causation. The right legal representation can be key to tipping the scales, and the earlier we get involved, the more options we have to challenge the state.
Attorney RJ Harber has spent 15 years defending clients in Dallas criminal courts, including intoxication assault cases, from bond hearings and license proceedings through grand jury and trial. If you’ve been charged with intoxication assault, contact us today for a free consultation.
Intoxication Assault Charges
Under §49.07, the prosecution must prove that the accused was operating a motor vehicle in a public place, that the accused was intoxicated, that another person sustained serious bodily injury, and that the injury occurred by reason of the intoxication.
Under Texas law, intoxication is interpreted as not having the normal use of mental or physical faculties due to alcohol, a controlled substance, a drug, marijuana, or having an alcohol concentration of 0.08 or more.
Strict Liability
Proof of a culpable mental state is not required for conviction of an offense under Chapter 49. The prosecution does not have to show intent, knowledge, or recklessness while causing the injury. The offense applies even when the harm was caused accidentally or by mistake.
Serious Bodily Injury in Intoxication Assault Cases
If, as a result of a DWI accident, a person’s injury creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of the function of any member or organ, it might constitute intoxication assault.
A short-term injury that resolves with normal recovery may fall outside the definition, while a permanent impairment usually falls inside it. Medical records, medical testimony, and the victim’s recovery timeline carry weight in these cases.
Intoxication Assault Versus Intoxication Manslaughter
Intoxication assault requires serious bodily injury and is graded as a third-degree felony at baseline. Intoxication manslaughter requires the death of another person and is graded as a second-degree felony at baseline.
Both offenses can be enhanced under §49.09 when the victim is a peace officer, judge, firefighter, or emergency medical services personnel acting in the actual discharge of an official duty.
The line between the two charges can shift after the fact when a victim’s condition worsens. That is one reason early case strategy matters while the victim’s medical situation is still evolving.
Penalties for Intoxication Assault in Texas
Third-Degree Felony Sentencing Range
Intoxication assault is a third-degree felony and carries 2 to 10 years in prison and a fine of up to $10,000. The sentence depends on the case, the criminal history, the victim’s recovery, and how the case is perceived in court.
Enhancement to Second-Degree Felony
Intoxication assault rises to a second-degree felony when the victim is a firefighter or emergency medical services personnel injured while in the actual discharge of an official duty or when the serious bodily injury takes the form of a traumatic brain injury that results in a persistent vegetative state. A second-degree felony carries 2 to 20 years in prison and a fine of up to $10,000.
Enhancement to First-Degree Felony
Intoxication assault is enhanced to a first-degree felony when the victim is a peace officer or judge in the actual discharge of an official duty. Texas Penal Code §12.32 sets a first-degree felony at 5 to 99 years or life in prison and a fine of up to $10,000.
Deferred Adjudication and Mandatory Jail Time
Deferred adjudication is the form of community supervision that lets a defendant avoid a final conviction on the record if all conditions are completed. However, deferred adjudication is barred for any offense under §49.07.
When community supervision is granted, the court must impose at least 30 days of confinement in county jail as a condition of supervision.
Defenses to Intoxication Assault Charges
Causation Challenges
The prosecution has to show that the injury was caused by intoxication, not simply that the accused was intoxicated and that an injury occurred. Accident reconstruction, vehicle data, weather and road conditions, and the actions of any other driver or pedestrian can all factor into a causation defense.
Challenges to the Intoxication Element
Breath and blood testing rely on calibration, chain of custody, and accepted methodology, and any departure from those protocols may support a motion to suppress or a challenge at trial.
Challenges to the Operating Element
Operation of a vehicle in a public place may be contested when the accused was not the driver, when the vehicle was parked, or when the location does not meet the definition of a public place under Texas case law.
Contact Us for a Free Consultation
An intoxication assault charge in Dallas is a felony from the moment it’s filed, and the choices made early in the case shape what comes later. As a former prosecutor, attorney RJ Harber knows how the state builds these cases and where to push back. If you’ve been arrested or charged with intoxication assault, contact our DWI defense attorneys for a free consultation.
Frequently Asked Questions
What happens if there is a weapon in an intoxication assault charge?
A deadly weapon affects parole eligibility. More specifically, a person convicted of assault intoxication cannot be released on parole until calendar time served equals half the sentence or 30 years, whichever is less, with a two-year minimum. The finding may also be used to enhance punishment if the defendant is convicted of another felony later.
What happens to my driver’s license after an intoxication assault arrest?
An intoxication assault conviction triggers a driver’s license suspension under §49.07 when a motor vehicle was used in the offense. The separate administrative process can begin at the time of the arrest, independent of the criminal case, when a breath or blood specimen is requested under the implied consent rules.