4 Facts About Intoxication Assault Cases

Getting arrested for DWI is bad enough in Houston. But if you end up hurting someone in a crash, then you can face more severe charges. Tad Nelson knows DWI law and can immediately defend you against intoxication assault related criminal charges in Houston. If you need help, contact our law firm today.

You Can Face Felony Charges for Even a First-Time Offense

It’s a myth that a first DWI arrest is always a misdemeanor. It depends on the facts. If you had a BAC below .15 and no other aggravating factors, then you would be facing misdemeanor charges.

However, intoxication assault is a felony. The fact that someone suffered serious injuries is one such aggravating factor, which is why the Texas legislature wants to punish an offender more seriously. Under Penal Code 49.07, intoxication assault is a third-degree felony with a maximum punishment of 10 years in prison.

In some cases, intoxication assault can even be a second-degree felony:

• You caused serious bodily injury to emergency medical services personnel or a firefighter while they were performing official duties; or
• You caused serious bodily injury to a judge or peace officer while they performed official duties.

The Injured Victim Can Be a Passenger in Your Own Car

If you crash and hurt someone riding with you, you can face charges for intoxication assault. It’s not true that the victim must be a pedestrian or a passenger in another car. For example, if your spouse riding shotgun gets injured, you can be charged.

You Can Beat Intoxication Assault Charges

Although this is a serious crime, our legal team has defended many people accused of intoxication assault. Here are some possible defenses:

• The injured victim was driving. The state must prove you were driving a motor vehicle in public while intoxicated. It might be that the injured victim in the car with you was behind the wheel.
• You weren’t intoxicated. An officer might assume you have had too much to drink or had done drugs simply because you were dazed and confused following a wreck. But if they don’t have evidence, it’s harder for them to convict you.
• The victim didn’t suffer a serious bodily injury. The statute defines a serious injury as one that causes “substantial risk of death,” “serious permanent disfigurement” or long-term impairment of a bodily function. But you might have caused only mild injuries, like a small cut.

These and other defenses might be just what you need to beat the charges.

Intoxication Assault Happens Frequently in Houston

The news is filled with stories of intoxicated drivers hurting unsuspecting victims. In July 2022 alone, we have seen two police officers badly injured after getting hit by a drunk driver and three people hurt by a drunk driver in Northside. There’s a reason prosecutors take DWI cases very seriously.

Are You Facing Criminal Charges for Intoxication Assault?

Tad Nelson Defends Against Intoxication Assault Charges

If you’re facing criminal charges for intoxication assault in Harris County or elsewhere in the Houston area, we can help you. Please contact our law firm as soon as possible so we can look at the charges leveled against you. Call or send an online message. Ideally, you wouldn’t have given any statement to the police to use against you.

Let our legal team deal with the State.