In intoxication assault cases, the prosecutors and judges are likely to be particularly harsh on the defendant. You should enlist the best legal representation from a leading Texas intoxication assault attorney who can fight back the charges. While the prosecution may seek nothing less than the maximum sentence in these cases, your lawyer can build a robust defense and aggressively protect your rights.
Potential Defense Strategies Your Lawyer will Use
You may feel that there is no way to overcome your charges in court, but there is always hope when you have a competent Texas intoxication assault lawyer on your side. They will have numerous ways to defeat or challenge the charges you are facing.
Establishing there was No Link between the Injuries and Intoxication
Your defense attorney will work hard to show that the victim’s injuries did not occur because you were driving while intoxicated. The attorney may use the defense of reasonable doubt and back it up with video footage, eyewitness testimony, forensic evidence, or flaws in the police procedures. Reasonable doubt becomes a good defense in these cases, particularly when only a marginally high amount of alcohol was found in your blood.
For example, your BAC was .08 when another driver jumped the red light and crashed into your vehicle, which resulted in their injuries. In this case, your Texas intoxication assault lawyer will be able to establish that while you may have committed a DWI offense, you did not cause the injuries of the victim. The victim’s injuries, in this case, occurred from their own actions.
Time of Driving Rule
The time of driving rule is sometimes useful in these cases to beat the serious charges you are facing. Your attorney could successfully establish reasonable doubt using this defense regarding whether you were intoxicated at the time of the crash.
Under Texas law, in order to convict you, the State must prove that you were intoxicated when the accident occurred. The science of determining the presence of alcohol or drugs at a particular time is far from perfect. Any mistakes or defects in the process or in the devices used may be highlighted to establish reasonable doubt and make the evidence inadmissible in court.
Showing that the Alleged Offense was an Accident and Not a Crime
A skillful Texas intoxication assault attorney will collect all possible evidence related to the surroundings of your accident scene. Using certain facts, they may be able to show to the jury that the victim’s injuries not only had no link with your intoxication, but also the accident was not even a criminal act.
Your lawyer may be able to prove that the weather was inclement, the visibility was low, the road surface was damaged, there was debris on the road, or obstruction from a construction site, mechanical defect in the vehicle or another reckless driver, which contributed to the accident. Your criminal charges could be dismissed if this type of defense is established.
Legal Help from a Top-Rated Intoxication Assault Lawyer
In Texas, intoxication assault is a serious offense. You could be at a disadvantage if you are poorly represented by a less qualified attorney. In these cases, you need top legal support from the team at Flood & Associates, which commands an 80 percent win rate. To request a complimentary consultation with our attorneys or a free case review, call us at 713.224.5529 for a free case review or contact us online.