Intoxication Assault

In most cases, driving while intoxicated (DWI) is a misdemeanor offense in Texas. If an alleged offender, however, causes a car accident while driving under the influence (DUI) of alcohol or a controlled substance, he or she may be charged with the felony offense of intoxication assault.

A prosecutor does not need to prove that an alleged offender intended to cause any injuries in order to convict him or her of intoxication assault. In addition to lengthy prison sentences and large fines, people convicted of intoxication assault can also have their driver's licenses suspended and may be required to install ignition interlock devices in all vehicles they own or operate.

Attorney for Intoxication Assault Arrests in Conroe, TX

Were you arrested or do you think that you could be under investigation for intoxication assault in Montgomery County or Harris County? Do not say anything to authorities without first contacting Evans & Powell, PLLC.

Conroe criminal defense lawyers Sean Evans and Frank Powell aggressively defend people accused of drunk driving offenses in communities all over Montgomery County and Harris County, such as Cut and Shoot, The Woodlands, Spring, Shenandoah, Panorama Village, Porter Heights, Willis, Oak Ridge North, and many others. You can have our attorneys review your case and answer all of your legal questions as soon as you call (936) 622-2000 to take advantage of a free initial consultation.


Montgomery County Intoxication Assault Information Center


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Texas Intoxication Assault Charges

Under Texas Penal Code § 49.07(a), a person commits an intoxication assault offense if he or she, by accident or mistake:

  • While operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or
  • As a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.

Texas Penal Code § 49.07(b) establishes that for the purposes of this section of the Penal Code, serious bodily injury means an “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.”

Intoxication assault is generally a third-degree felony, but Texas Penal Code § 49.09 provides for enhanced offenses and penalties and Texas Penal Code § 49.09(b-1) establishes that an intoxication assault offense is a second-degree felony if the alleged offender caused serious bodily injury to a peace officer, a firefighter, or emergency medical services personnel while in the actual discharge of an official duty.

Under Texas Penal Code § 49.09(b-4), an intoxication assault that caused serious bodily injury to another in the nature of a traumatic brain injury (TBI) that results in a persistent vegetative state is also a second-degree felony.


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Intoxication Assault Penalties in Montgomery County

It is not uncommon for people accused of intoxication assault to face other related criminal charges stemming from the motor vehicle accidents in question. Other common criminal charges in these types of cases might include reckless driving, leaving the scene of an accident (hit and run), or other serious traffic crimes.

On its own, a third-degree felony charge for intoxication assault is punishable by up to 10 years in prison and a fine of up to $10,000. Second-degree felony convictions are punishable by up to 20 years in prison and fines of up to $10,000.

In addition to possible fines and imprisonment, people who are convicted of intoxication assault can also have their driver’s licenses suspended for up to two years. Additional punishments that may be imposed by judges can include installation of ignition interlock devices (IIDs) on all vehicles owned or operated by the alleged offender, random drug and/or alcohol testing, and completion of a mandatory drug and/or alcohol treatment program.


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Intoxication Assault Resources in Texas

DUI (Alcohol) Crashes and Injuries Cities and Towns | Texas Department of Transportation (TxDOT) — View statistics for DUI crashes in 2016 broken down by the types of injuries involved and the cities and towns where the accidents took place. You can find additional drunk driving crash statistics on the TxDOT website. You can also find statistics for fatal crashes by the hour of the day, fatal crashes by month and day, and crashes by the hour of the week.

Sobering Facts: Drunk Driving in Texas | Centers for Disease Control and Prevention (CDC) — View a CDC fact sheet that provides a snapshot of alcohol-involved deaths and drunk driving in Texas. According to the CDC, 13,138 people were killed between 2003 and 2012 in crashes involving a drunk driver. The fact sheet also covers strategies to reduce or prevent drunk driving.


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Evans & Powell, PLLC | Conroe Intoxication Assault Defense Lawyer

If you believe that you might be under investigation or you have already been arrested for intoxication assault in Montgomery County or Harris County, it is in your best interest to retain legal counsel before making any kind of statement to authorities. Evans & Powell, PLLC represents individuals in Woodbranch, The Woodlands, Spring, Patton Village, Pinehurst, Splendora, Magnolia, Willis, and surrounding areas of Montgomery County and Harris County.

Sean Evans and Frank Powell are experienced criminal defense attorneys in Conroe who can fight to possibly get your criminal charges reduced or dismissed.

Call (936) 622-2000 or complete an online contact form to have our lawyers provide an honest and thorough evaluation of your case during a free, confidential consultation.



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