Intoxication Assault in San Antonio
If you have been involved in a car accident that causes serious injury to another person while under the influence of drugs or alcohol, the stakes raise considerably from a misdemeanor DWI offense.
Operating a motor vehicle while intoxicated and additionally causing serious bodily harm to a person is considered a felony in Texas. Punishments for Intoxicated Assault range from 2 to 20 years imprisonment in addition to a steep fine. In order to avoid these severe penalties, it would be in your best interest to consult with a Bexar County DUI defense attorney.
Explanation of Intoxication Assault Under Texas Law
For a conviction of Intoxication Assault, the state must prove beyond a reasonable doubt that you were intoxicated, a motor vehicle accident occurred, and that serious bodily harm was inflicted on an individual.
Intoxication, as defined by the Texas Penal Code § 49.01(2), can mean either of the following:
- Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body
- Having an alcohol concentration of 0.08 or more
It is crucial that a knowledgeable lawyer reviews the evidence surrounding your alleged impairment and whether tests were properly administered and can be excluded or challenged as evidence. Dave Parent is well-versed in the testing methods for drug and alcohol impairment and their potential faults.
To be convicted of an Intoxication Assault under Texas Penal Code § 49.07, serious bodily harm must have been caused. Defined as “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,” serious bodily harm may not be present at the time of the accident. It is imperative if you believe you may face a later claim of serious bodily harm, to be represented by an attorney through any insurance claim process.
According to Texas Penal Code § 49.09, the felony charge will increase from a third degree to second degree if the accident has caused an individual “traumatic brain injury that results in persistent vegetative state” or if the individual harmed is an on-duty peace officer, firefighter, or emergency medical services personnel.
Penalties for Intoxication Assault in Texas
Depending on the level of bodily harm, Intoxication Assault can be charged as a third or second-degree felony.
- A third-degree felony is punishable by between two to 10 years in prison, and/or a fine of up to $10,000.
- If an individual is convicted of a second-degree felony, he or she can be sentenced to between two to 20 years behind bars, and/or up to a $10,000 fine.
Aside from these penalties, individuals convicted of felony DWI can also be subjected to driver’s license suspensions, DUI School, drug and alcohol rehabilitation, counseling, the installation of an ignition interlock device, as well as other appropriate penalties.
If convicted of a felony, you will not be allowed to carry a firearm for life under federal law.
Finding the Best Intoxication Assault Lawyer in San Antonio
Attorney Dave Parent will evaluate your case and provide expert advise through this lengthy and trying process. If you have been arrested for an Intoxication Assault in San Antonio, Bexar County, Kendall County, Boerne, Comfort, or the surrounding areas, The Parent Law Firm has the knowledge and resources necessary to best represent you. Dave Parent is a quality felony DWI lawyer in San Antonio who will fight for your freedom.
Call The Parent Law Firm today at 210-819-4111 to set up your free consultation.