What is intoxication assault ?
Texas state law considers Intoxication Assault an instance where a person causes serious bodily injury to another person by accident or mistake during the act of boating, flying, or driving while intoxicated in a public place, where the injury is a result of a defendant’s intoxication.
Serious bodily injury is generally defined as an 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.
Intoxication assault is a serious charge that can be compounded by various DWI related charges, elevations, and penalties. Speaking with legal counsel can help you unpack the different charges and potential punishments associated.
Intoxication Assault Penalties
Intoxication Assault is classified as a felony DWI Third Degree. As such, it carries potential penalties including:
- Up to $10,000 in fines
- 2 to 10 years in the Texas Department of Criminal Justice
- Driver’s license suspension ranging from 180 days to 2 years
If you are convicted, there will also be an annual $1,000-$2,000 surcharge fee required every year for 3 years in order to retain your driver’s license. Additionally, felony convictions disqualify you from voting and possessing a firearm.
Because Intoxication Assault is a type of DWI related charge, it is possible that you may face related charges and separate penalties based on the exact charges you are facing. It’s good to be informed of both your rights and the full charges being placed against you. For example, an Intoxication Assault charge may carry heavier penalties or punishments if this is also a DWI 2nd or DWI 3rd, or if your BAC levels were above certain levels.
GET A FREE CONSULTATION NOW
Probation and the Deadly Weapon Classification
Probation can be a complex subject when it comes to Intoxication Assault charges. Even if you are granted probation, you will still be required to serve a 30 day jail sentence.
In the event your vehicle was driven in a way that made it a “deadly weapon,” then there is an additional penalty that prohibits good time credit in prison from being considered towards early release until half the sentence has been satisfied. This condition can also restrict your ability to receive probation.
Felony charges such as Intoxication Assault have the potential to be life altering legal experiences. Working with a professional DWI attorney can help you better understand your rights, the full range of potential results in your case, and how to proceed when facing these charges.
Intoxication Assault and the Ignition Interlock Requirement
For those convicted of intoxication assault, as a condition of bond, courts will require that a defendant’s vehicle be fitted with an ignition interlock device, and they will not be allowed to operate a motor vehicle without one.
Interlock devices determine the presence of alcohol in your breath, and should it detect a certain level of alcohol, the vehicle will be temporarily disabled. In some circumstances, courts may dictate that you are not to operate a motor vehicle at all while your case is pending.
Additionally, you may be ordered to abstain from the use of alcohol or any controlled substances without a prescription leading up to and during the handling of your case. This may be enforced by the court through random drug testing.
GET A FREE CONSULTATION NOW
Mr. Trichter and the entire staff was extremely knowledgeable, professional, caring and compassionate. Mr. Trichter has an immense amount of knowledge. Including the details and specifics of dealing with the FAA after an arrest. As a fellow aviator and aviation enthusiast there is connection and passion that is priceless. Anytime I had a question or concern I knew I could reach out and have a reliable and caring person to help me. The end result of the case was favorable but more importantly the personal growth I obtained with the help of Mr. Trichter is something I will have for the rest of my life. I am so thankful I chose Mr. Trichter to represent me.Ross “Maverick”27/10/2022
If you are in search of a good lawyer, or having doubts about choosing one that will remain in your corner and back your play, I strongly recommend Mr.Gary Trichter, Mr.Trichter along with his legal staff were super beneficial and helpful to me when I needed help the most as a good DWI team they came together and got me through one of the darkest times in my life and I couldn’t be more appreciative and thankful, all the hard work and dedication from the Trichter law team, I would strongly recommend them to anyone In need of assistance for DWI or just a good lawyer to go to bat for you in your time of need.Brandon Baker18/09/2022
Of course america, Mr trichter is the best lawyer I see ever .Paris Pshouq15/09/2022
I was referred to Mr. Trichter by a close family friend. Two of his family member had used him to represent them in their DWI case and were both very pleased with his work. After having Mr. Trichter represent me I can fully understand why. I can not express the amount of gratitude I have for him. He is an amazing attorney and the best at his job by far. But more then that he is an amazing person that truly care about his client. I will forever be great full for what he has done for me in helping me have my case dismissed. Thank you again Gary!!!Luke Fritz14/09/2022
Aaron White was very helpful and detailed. Explained things to me every step of the way and was able to get my case dismissed. Thank you very much!Josh Reynolds24/08/2022I feel very fortunate to have selected Greg Houlton to represent me in my two DUI cases. My arrests occurred within three months of each other and I was sure I'd be facing jailtime, considering the circumstances of my arrests. It was a very difficult time and I was obviously struggling in my personal life. But within the first few minutes of meeting Greg, he made me feel very comfortable and insisted that I take care of myself, first and foremost, and let him deal with the legal proceedings. So that's what I did and Greg won both of my ALR hearings and got one of my cases dismissed. I received a year and a half of probation with no jailtime or significant fine. Greg by far exceeded my expectations and I couldn't be more pleased with the outcome. I can't say enough about Greg and his professionalism and the calming effect he had on me throughout this stressful period.KM01/08/2022Don’t think about it twice. If you need help with a DWI hire my man Leslie LeGrand!Air Wreck03/07/2022
TELL US ABOUT YOUR CASE
Form Submissions have a fast response time. Request your free consultation to discuss your case with one of our attorneys over the phone. The use of this form does not establish an attorney-client relationship.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.