Intoxication assault is a felony that occurs when a person severely injures another person by causing an accident that happens under the following circumstances:
- While the person is intoxicated and operating or putting together an amusement park ride;
- While the person is intoxicated and driving a boat or operating an airplane;
- While the person is under the influence of alcohol and/or drugs and operating a motor vehicle.
According to the Texas Penal Code, an intoxicated person may commit an assault if they drive a vehicle on a public road and inflict serious bodily harm to another person as a result of their intoxication. A person may still be charged with intoxication assault even if the crime was the result of an accident or a mistake.
Intoxication assault is a third-degree felony offense. The crime might be charged as a second-degree felony if the victim is a peace officer, firefighter, or emergency medical personnel.
If a person were to be charged and convicted of simple assault causing bodily injury in Texas without the intoxication element, they would be guilty of a misdemeanor only. The punishment would be a maximum of 1 year in jail and payment of a fine of up to $4,000. This is one type of misdemeanor assault in Texas.
On the other hand, aggravated assault, which is assault with a deadly weapon or assault that causes serious bodily harm, is a first-degree felony in Texas and is punished by 2 to 20 years in prison and payment of a fine of up to $20,000.
If a person drives a car while intoxicated (DWI), a first offense in Texas earns a mandatory minimum of 3 days in jail. The maximum term of imprisonment in jail is 180 days. A person may also be required to pay a fine of up to $2,000. Their driver’s license is suspended for as long as 1 year. There may be other consequences as well.
How Is Intoxication Determined?
Blood alcohol concentration (BAC) is a measure of intoxication. A person is legally intoxicated if their BAC level is 0.08% or higher. However, a person can be intoxicated even if their BAC is lower than 0.08% if ingestion of alcohol or drugs impairs their driving, operation of boats or airplanes, or other activities. A person may be legally intoxicated and impaired by the ingestion of drugs. The drugs may be controlled substances, prescription medications, or over-the-counter medications.
In Texas, numerous laws make it illegal to act in particular ways while intoxicated or with a blood alcohol concentration (BAC) of 0.08% or higher. In Texas, if a person is accused of drinking and driving and getting into a car accident, they may be charged with an intoxication assault.
If found guilty, a person may face serious criminal consequences. The prosecution in Texas must prove beyond a reasonable doubt at trial that the person was intoxicated at the time they acted so as to cause the other person’s serious bodily injury directly.
The burden is heavy, but the prosecution need not prove that the person intended to harm the victim or anyone else. A person can still be prosecuted for this offense even if the injury was caused by an accident or a mistake.
A person has only 15 days to pursue an administrative license suspension to get their driver’s license back if they refuse to submit to chemical testing or fail a blood or breath test for DWI after their arrest.
What Does the Texas Term “Serious Bodily Injury” Mean?
A serious bodily injury is one that:
- Is severe with ongoing deformity;
- Poses significant danger of death;
- Poses long-term damage to an organ or limb;
- Poses the risk of amputation of a limb.
This kind of harm might not be immediately noticeable following an intoxication assault. However, the suspected offender may still be prosecuted for this offense, even if the seriousness of the injury becomes evident at a later time.
What Is the Punishment for Intoxication Assault?
Intoxication assault is a third-degree felony that may be punished by the following:
- A state prison sentence of 2 to 10 years;
- Payment of a fine of up to $10,000;
- A prison sentence and payment of the fine.
If found guilty of their first intoxication assault, a person’s driving privilege may be suspended for up to a year. The license of the offender could be suspended for 90 days to one year plus an extra one year if they were the perpetrator of a second or subsequent intoxication assault within 5 years of the prior crime.
A license suspension of 1 to 2 years may be imposed if the perpetrator has previously been convicted of any DWI offense during the previous 5 years.
A person convicted of intoxication assault may also be compelled to perform up to 1,000 hours of community service, install an ignition interlock device in their vehicle, complete a required alcohol or drug education program, and pay court costs and penalties.
Even if a person has not yet been found guilty, the legal repercussions of an intoxication assault may already take effect. Texas state law typically requires a SCRAM ankle monitor, an ignition interlock device, Antabuse medication, or other measures as special conditions for release on bail.
Additionally, a person charged with intoxication assault risks having their driver’s license suspended even before being found guilty of the offense. Texas Minor Protective Services may get involved and limit the person’s access to their children if the injured victim is a child passenger. However, this can also happen when it is an adult stranger.
What Other Offenses Relating to Vehicle Assault Are There in Texas?
If a person kills another person while operating a car in an intoxicated state on a public road, they may be prosecuted for intoxication manslaughter. This offense is a second-degree felony. A felony of the first degree may be charged if the suspected perpetrator is responsible for the death of a peace officer, firefighter, or member of the emergency medical services.
A person can be prosecuted for abandoning the scene of an accident, which is normally a felony of the third degree per the Texas Transportation Code if they fail to take the following actions following an accident involving death or injury:
- Immediately stop their car at the location of the collision or as near to it as feasible;
- Stop immediately without obstructing more than is necessary;
- If they do not first stop at the scene of the accident, they must immediately return there;
- Remain at the accident scene until all legal procedures have been completed.
Under the Texas Penal Code, a person who negligently causes the death of another person while operating a vehicle may be charged with vehicular manslaughter. The perpetrator does not have to be intoxicated.
According to the Texas Transportation Code, if a person recklessly operates a vehicle and kills another person, they may be charged with vehicular manslaughter. Again, intoxication is not an element of this offense.
Is There a Chance I Will Spend More Time in Prison for This Crime?
If the victim of an intoxication assault offense is a fireman, police officer, or emergency medical staff member who was engaged in their duties at the time of the offense, it is a second-degree felony. In this case, a person could receive a more harsh sentence than they would receive for a third-degree felony conviction as follows:
- Imprisonment for 2 to 20 years;
- Payment of a fine of up to $10,000;
- Both payment of the fine and imprisonment.
What Are the Texas Legal Resources on Drunken Assault?
Section 49.07 of the Texas Penal Code defines intoxication assault in Texas and outlines possible punishments for a conviction. All of the criminal statutes for Texas are contained in the Texas Penal Code. Chapter 49 deals with all of the statutes relating to offenses that involve intoxication.
Texas Department of Public Safety – Alcohol-Related Offenses provides details on alcohol-related offenses and their associated penalties in Texas, including license suspensions, administrative license suspensions, and license reinstatement following an incident involving intoxication assault.
Texas Department of Transportation – Crash Reports is the place to find information about how to access an accident report in Texas, statistics about crashes and accidents involving alcohol, and other details about a person’s allegedly alcohol-related car accident in that state. A local Texas attorney can assist with any additional questions.
Do I Need the Help of an Attorney for My Assault Intoxication Issue?
If you have been charged with intoxicated assault in Texas, you want to consult a lawyer. LegalMatch.com can connect you to an assault lawyer in Texas who can help you fight the allegation effectively. Your attorney can provide you with guidance and representation in negotiations, court hearings, and at trial. The maximum possible term of imprisonment in state prison is up to 10 years, so you want to consult an attorney for a better outcome.
