Under Texas law, an intoxication assault is said to occur when you are operating an automobile under the influence of alcohol or drugs and then causes serious bodily injuries to someone in an accident. Texas Penal Code defines serious injury as an injury that causes permanent disfigurement or extended impairment or loss of an organ or body function or poses a significant risk of death.
No matter whether you caused this accident and injury with or without intent, the charge of intoxication assault will still apply. DWI charges are often additionally applied in these cases. You should immediately consult with a knowledgeable Texas intoxication assault attorney. These charges are treated differently from an ordinary assault. In Texas, this type of assault is a third-degree felony and the judge can be harsh when a DWI leads to serious bodily harm.
Penalties for Intoxication Assault
If convicted, you could face the following penalties for intoxication assault in Texas:
· Imprisonment – After a conviction, you will face minimum jail time of two years and maximum of 10 years.
· Probation – A minimum time of 30 days must be served in the county jail after a conviction. This is a condition for probation. However, if used a deadly weapon, which caused injuries to the other person, probation may not be an option.
· Community Service – Along with a probationary term, you will have to complete 160 to 600 hours of community service.
· Monetary fine – Up to $10,000.
Considering the high stakes involved and the severity of penalties, your best bet would be to have a skilled Texas intoxication assault lawyer on your side.
DWI Blood Test following an Intoxication Assault
The police officer investigating the intoxication assault may require the drivers involved in the accident to provide a blood sample. If you visit an ER for treatment, the doctor will obtain your blood sample for clinical tests as well as to determine your blood alcohol content.
A competent Texas intoxication assault attorney will first focus on challenging the validity of the blood test results (if drugs or alcohol are found in your blood) so that the results can be excluded from the evidence in court. The attorney may get the blood test results evaluated through independent testing in order to identify any serious errors committed during the initial testing.
Proving Causation
Proving causation is important in intoxication assault cases. To prove causation, the State will have to show that not just your operation of the motor vehicle, but your intoxication actually caused the accident, which resulted in the victim’s injuries.
In other words, the prosecutor may be required to show a causal connection between the serious physical injuries of the victim and your DWI intoxication. Your Texas intoxication assault lawyer may be able to highlight the weaknesses or flaws in this attempt of the prosecution to establish causal connection.
Get the Best Defense from a Texas Intoxication Assault Attorney
Have you been charged with an intoxication assault in Texas? Speak to the passionate and committed DWI defense lawyers at Flood & Associates today. We have an in-house crime lab and a win rate as high as 80 percent. Call our legal team 24/7, 365 at 713.224.5529 to request a free consultation or fill out this online contact form.
