What Are The Penalties For Intoxication Assault in Texas?

October 17, 2020

Most motorists in Texas are aware of the DWI offense, which occurs when you operate an automobile in a public place while you are intoxicated. But the charge and the legal consequences will be far more serious if in this condition your vehicle is involved in an accident and someone gets injured as a result. 


According to Texas Penal Code Section 49.07, you will be charged with an offense of intoxication assault if someone gets injured as a direct consequence of your driving while intoxicated. Prosecutors and judges are usually harsh when dealing with these cases. Make sure you have a competent intoxication assault attorney Texas by your side as soon as possible after your arrest.


Intoxication Assault – Penalties in Texas

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In Texas, the offense of intoxication assault will be considered as a third-degree felony, no matter whether it is your first ever DWI charge. The penalties will include imprisonment for at least two years in the state Department of Corrections, and/or a fine of up to $10,000. Your Texas intoxication defense attorney will inform you about the following potential penalties for this offense if you are convicted:


  • Imprisonment for at least 2 years up to a maximum of 10 years

  • Fine of up to $10,000

  • Revocation or suspension of driver’s license in Texas

  • Revocation or suspension of professional license in Texas

  • Community service for 160 to 600 hours

  • Community supervision with at least 30 days incarceration in the county jail 

  • DWI education class 

  • Completion of a drug rehab program or substance abuse evaluation


As part of your condition release from prison, the judge may order you to have an ignition interlock device installed in your car while the charges are pending. After your driver’s license has been reinstated, you will not be permitted to drive an automobile without the interlock device for a period of one year. 


The exact nature and extent of penalties imposed on you upon conviction will depend on several factors specific to your case. These may include your prior criminal record, history of alcohol or drug abuse, the severity of personal injury caused to the victim, the number of victims involved, and the extent of property damage. 


Most importantly, the skill and experience of your Texas intoxication defense attorney will make a difference to the final outcome of your case.


Can You be Charged with a Second Degree Felony for Intoxication Assault? 

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If the injured victim is a firefighter, a healthcare professional, or a law enforcement officer, the offense of intoxication assault in Texas will be treated as a second-degree felony. If convicted, you may face the following penalties:


  • Incarceration for a minimum of 2 years to a maximum of 20 years

  • Fines of up to $10,000


In exceptional circumstances, a second-degree felony could also turn into a first-degree felony, which will have far more severe penalties if you are convicted.


Consult with an Experienced Intoxication Assault Attorney Texas

An arrest for an intoxication assault charge in Texas does not mean that you are guilty. At Flood & Associates, we believe that even the most difficult cases can be fought passionately, and they can be won. Call us 24/7, 365 at 713.224.5529 and our legal team will be happy to help you with a free case review. You may also contact us online to request a free consultation.


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

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

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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.
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