What are the Penalties for DWI with an Injury?

June 1, 2017

If an intoxicated person causes serious bodily injury to someone else, it is considered intoxication assault under Texas Penal Code §49.07. In the state of Texas, intoxication assault is treated as a serious crime, and will be prosecuted as a felony. In order to defend your future from serious and harsh penalties, its best to understand everything you can about the charges you face.

Defining Intoxication Assault

When one person causes serious bodily injury to another while driving intoxicated in a public place, it is considered intoxication assault. Serious bodily injury, here is defined as any damage that causes loss of function or impairment of an organ or body part, serious or permanent disfigurement, or creates a risk of death.

The penalties for a DWI are not limited to drivers of cars. Any person operating an aircraft, watercraft, amusement park ride, or any other type of vehicle, while intoxicated is liable and could be charged with intoxication assault if they seriously injure another person.

Penalties of Intoxication Assault

The consequences of seriously harming another individual as the result of driving while intoxicated are steep, indeed. A DWI that causes serious injury is addressed as a third degree felony. The results may be very severe, and include excessive fines, jail time, and/or community service.

Possible penalties for intoxication assault include:

  • A minimum of 2 years, and a maximum of 10 years in prison
  • Up to $10,000 in fines
  • Community service for a minimum of 160 hours and maximum of 600

In the event of a probate sentence, there will be a minimum 30-day jail sentence. Additionally, if the vehicle was driven in a dangerous manner, it could be considered a “deadly weapon,” which could increase the severity of the charges. If convicted, you will also have a third degree felony on your record, which could significantly impact your ability to find suitable housing and employment in the future.

To protect your future, seek the aggressive, competent legal representation from the attorneys at Tyler Flood & Associates. Everyone makes mistakes, and it is our singular goal to make sure that you don’t pay for yours for the rest of your life. At Tyler Flood & Associates, our legal team will fight hard to protect your rights and freedoms, leaving no stone unturned and no resource untapped in order to defend you.

Not only are we Board Certified in Criminal Defense, we also have the experience you need, having taken over 250 cases to trial and handled thousands of DWI cases. When it comes to Texas DWI charges, we know the law and we know how to represent you and work for your best interest, securing the best possible outcome.

Contact Tyler Flood & Associates, Inc. today for help with your DWI intoxication assault charge.


Use the form to submit your request for a free consultation.

*Use of this form does not constitute an attorney-client relationship.

Driving While Intoxicated (Blood Draw .16)
Client had bond forfeited while case was pending for not being able to attend trial when Judge ordered us to be there due to his teaching job at Texas A&M University. When he finally...read more
Read More Case Results
Tyler Flood & Associates
2019 Washington Ave. #300
Houston, TX 77007
(713) 224-5529
Get Directions to Our Office


Disclaimer: The information on this website does NOT constitute legal advice. If you need legal advice, then retain an attorney to discuss the facts of your case. If you would like to discuss your case with an attorney at Tyler Flood & Associates, Inc., then please contact us to schedule a consultation. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.
Copyright © 2023 Tyler Flood & Associates, Inc.
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram