Intoxication Assault, combined with Intoxication Manslaughter, are some of the most heart-wrenching cases we handle. Unlike most criminal offense, these cases prosecute accidents that arise from the volitional act of becoming intoxicated. These cases are devastating to victims and their families, as well as the defendant and the defendant’s family.

Intoxication Assault in Texas

Intoxication Assault is defined in Penal Code 49.07.  It occurs when someone causes serious bodily injury to another because the person was driving while intoxicated. These cases can be complex because there is often more than one cause of an accident. Prosecutors may counter some of these challenges to your case by adding additional charges. For instance, a prosecutor may add the following charges:

Vehicular Manslaughter: Pursuant to Penal Code Section 19.04, Vehicular Manslaughter occurs when a person causes the death of another person while recklessly operating a motor vehicle. This offense is a felony of the second degree.

Reckless Driving: Pursuant to Transportation Code 545.401, a person who recklessly operates a vehicle with disregard for the safety of others or property. This is a misdemeanor offense.

Serious Bodily Injury

Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of function bodily member or organ. Tex. Pen. Code §1.07(a)(46). 

Intoxication in Texas

“Intoxicated” means:

(A)  not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body;  or

(B)  having an alcohol concentration of 0.08 or more.

Penal Code Section 49.07  INTOXICATION ASSAULT

(a)  A person commits an offense if the person, by accident or mistake:

(1)  while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another;  or

(2)  as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.

(b)  In this section, “serious bodily injury” means 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.

(c)  Except as provided by Section 49.09, an offense under this section is a felony of the third degree.

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