Intoxication assault in Texas is a serious criminal offense that occurs when someone causes bodily injury to another person while operating a motor vehicle, aircraft, watercraft, or even an amusement ride under the influence of alcohol or drugs. It is more than just driving while intoxicated; intoxication assault happens when someone’s impaired driving leads to significant harm. In Texas, this charge can lead to severe penalties, including lengthy prison time, fines, and a permanent mark on your criminal record. Understanding what intoxication assault involves is critical, especially if you or someone you know is facing this charge. At, Deandra Grant Law , we are here to guide you through the legal process and help you navigate the complexities of your case.
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In Texas, the legal blood alcohol concentration (BAC) limit for most drivers is 0.08%. When a driver’s BAC exceeds this limit, or if they are impaired by drugs, whether legal or illegal, they can be considered intoxicated under Texas law. If their actions while intoxicated result in serious injury to another person, it can lead to an intoxication assault charge. The injuries must be serious enough to be considered “bodily injury,” which the law defines as physical pain, illness, or any impairment of the body’s normal function. Because of the gravity of this crime, the consequences are severe, and the charges should never be taken lightly.
Penalties for Intoxication Assault in Texas
The penalties for intoxication assault are severe and can change based on the circumstances of the case. If you are convicted of intoxication assault, you could face up to ten years in prison. This charge is considered a third-degree felony, meaning it carries both prison time and a hefty fine. The maximum fine is up to $10,000. However, certain factors can increase the punishment. For example, if the victim suffers a permanent disfigurement or loses the use of a body part, or if the victim was a firefighter or peace officer, the charge could be elevated to a second-degree felony, which increases the potential prison sentence to 20 years.
It is also important to note that a conviction for intoxication assault can come with other serious consequences beyond the legal penalties. The convicted person may lose their driver’s license for a long period of time. Additionally, they may face increased insurance rates and difficulties finding employment due to having a felony on their record. Intoxication assault charges also have long-lasting impacts on a person’s reputation and personal relationships, making it a life-altering experience.
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How Intoxication Assault Differs from Other Offenses
While intoxication assault is related to driving while intoxicated (DWI), it is distinct in several key ways. A DWI charge generally refers to the act of driving under the influence, even if no one is harmed. It focuses solely on the driver’s impaired state. On the other hand, intoxication assault includes the additional factor of someone else being seriously injured due to the driver’s actions. This injury element is what makes the charge so much more serious than a typical DWI. In fact, in cases of intoxication assault, the injured party might not even be in the vehicle. They could be a pedestrian, a passenger in another car, or a bystander.
The fact that someone has been harmed raises the stakes considerably. Texas law takes these cases very seriously, as the injuries involved are often life-changing for the victims. As a result, the courts typically show little leniency to those convicted of intoxication assault, which is why it’s crucial to have a solid understanding of the charge and the potential defenses that may apply in your case.
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Defenses Against Intoxication Assault Charges
If you or a loved one is facing intoxication assault charges, there are several possible defenses that may be available, depending on the specifics of the case. One common defense is challenging whether or not the driver was truly intoxicated at the time of the accident. While a blood alcohol concentration test may show a certain level, the results can sometimes be inaccurate due to faulty equipment, improper testing procedures, or a delay in the timing of the test. A lawyer may be able to argue that the results of the BAC test should not be considered reliable evidence of intoxication.
Another potential defense is disputing whether the driver’s intoxicated state actually caused the injury. In order to be convicted of intoxication assault, the prosecutor must show a direct link between the driver’s impairment and the injury. If other factors contributed to the accident, such as poor road conditions or the actions of another driver, it might be possible to argue that the driver’s intoxication was not the main cause of the accident or the injury.
Additionally, sometimes a driver’s rights may have been violated during the arrest process. For instance, if law enforcement officers did not follow proper procedures, such as failing to read the driver their rights or conducting an unlawful search of the vehicle, it may be possible to have the charges reduced or even dismissed.
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The Role of Victim Impact in Intoxication Assault Cases
One significant factor that influences intoxication assault cases is the impact on the victim. In many instances, the victim of intoxication assault sustains serious injuries that require ongoing medical treatment or rehabilitation. These injuries may include broken bones, internal injuries, or traumatic brain injuries, and their recovery can take months or even years. As a result, intoxication assault cases often involve victim impact statements during sentencing, where the victim or their family shares how the injury has affected their lives. This can lead to harsher sentencing for the convicted person, especially if the injuries are permanent or life-threatening.
The victim’s perspective is a key part of the legal process, and their testimony can significantly affect the outcome of a case. Prosecutors often use the severity of the victim’s injuries as a way to argue for longer prison sentences or larger fines. Because of this, it is crucial for defendants to be prepared for this aspect of the case, as it can make a huge difference in the ultimate penalties they face.
How to Avoid Intoxication Assault Charges
The simplest and most effective way to avoid intoxication assault charges is to not drive while intoxicated. If you plan to drink, it’s important to have a plan for how you will get home safely. This can include using a designated driver, calling a rideshare service, or utilizing public transportation. By taking these precautions, you can significantly reduce the risk of being involved in an accident and facing criminal charges.
Even if you do not feel intoxicated, it is always better to err on the side of caution. Texas takes a strict stance on intoxicated driving, and the consequences for driving while impaired can be life-changing, especially if someone else is hurt as a result. It is not worth the risk to get behind the wheel if you have been drinking or using drugs.
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The Importance of Legal Representation in Intoxication Assault Cases
Facing intoxication assault charges is a daunting experience. The stakes are high, and the consequences can impact every aspect of your life. Because intoxication assault is a felony charge, it is essential to have knowledgeable legal representation. The legal process is complex, and the decisions you make can affect the rest of your life. An experienced attorney can help you understand the charges against you, explore possible defenses, and navigate the legal system.
A lawyer can also help negotiate plea deals or lesser charges in certain cases. In some situations, it may be possible to reduce the charge from intoxication assault to a lesser offense, depending on the circumstances of the case. Legal representation can make a significant difference in the outcome of your case, giving you the best chance to protect your future.
If you or someone you care about has been charged with intoxication assault in Texas, it is important to seek legal assistance as soon as possible. The legal team at Deandra Grant Law has extensive experience in handling intoxication assault cases and can provide the guidance you need during this challenging time. We understand the seriousness of the charges you are facing, and we are committed to helping you achieve the best possible outcome.
Our attorneys will work with you every step of the way to ensure that your rights are protected and that you understand your legal options. We offer a free consultation to discuss your case and work on a contingency fee basis, meaning you only pay if we successfully resolve your case. Contact Deandra Grant Law today to learn more about how we can help you defend against intoxication assault charges and protect your future.