SBI For Intoxication Assault With A Vehicle In Houston, TX
People who drive while intoxicated and cause an accident may be charged with intoxication assault (Texas Penal Code §49.07). An intoxication assault charge is more severe than a DWI charge and is typically used against drunk drivers who cause accidents that result in serious bodily harm to others. A DWI charge is more likely in accidents where the injuries are minor or no one is injured. A trusted experienced lawyer can assist you in obtaining answers to any questions you may have about intoxication assault with vehicle SBI and other pertaining DWI popular questions.
According to Texas law, Intoxication Assault occurs when an individual causes serious bodily injury to another individual by accident or mistake while flying, boating, or DWI in a public place, and the injury is caused by the accused’s intoxication.
Intoxication Assault vs. DWI
A DWI and Intoxication Assault are 2 different charges with distinct penalties if convicted. DWI and Intoxication Assault both have four elements that must be proven in order to be convicted: (1) driving a motor vehicle (2) while intoxicated (3) in a public place One more element must be present for a conviction of Intoxication Assault: (5) The person caused serious bodily harm to another person by accident or mistake.
Intoxication Assault, like DWI, can be associated with a single car or single car accident if a passenger is injured.
You must still submit to a breath or blood test, as with a DWI. Your driving privileges will be jeopardized if you do not comply. You have only 15 days to request an administrative hearing or risk losing your driving privileges automatically.
SBI Intoxication Assault with Vehicle
If you or a loved one has been charged and arrested with intoxication assault, you should consult with a knowledgeable lawyer as soon as possible. A skilled DWI attorney will almost certainly collaborate with an accident reconstruction team to look for beneficial evidence that can help your case. Because they must get to the scene of the accident while the evidence is still fresh, you should contact your lawyer as soon as possible after the accident.
After an accident, the government will not waste time building their case against you or a loved one, so seek legal counsel as soon as possible.
TX Driving Under the Influence Assault
Any charges incorporating drinking and driving may have long-term consequences for your future. You should consider them if:
- You were over the legal limit of intoxication.
- Issues arose after you were stopped by the police or after you took a field sobriety or blood test.
- You were not to blame for the accident.
Some people have avoided DWI charges by merely refusing to take a breathalyzer test, but doing so can result in your license being suspended. Your DWI attorney can use the evidence gathered on your behalf to build a strong defense.
Intoxication Assault Definition
Intoxication assault is defined in Texas Penal Code Section 49.07 as operating a motor vehicle on a public road while impaired and causing an accident that results in serious bodily injury to another person. Serious bodily injury is defined as “injury that poses a significant risk of death or causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.”
Whether the accident was intentional or unintentional, you will encounter an Intoxication Assault charge. Remember that intoxication assault is a Third-Degree Felony, but in some cases, depending on the extent of the injury and the person who was injured, this charge can be enhanced.
What Are the Consequences of Intoxication Assault?
Under Texas law, intoxication assault is classified as a third-degree felony, punishable by up to $10,000 in fines, two to ten years in prison, and a driver’s license suspension of 180 days to two years. Exclusions to these penalties and classifications would be augmented offenses and their associated penalties, which could range from drug possession to intoxication manslaughter, which could compound the charges by being charged alongside the original intoxication assault charge.
Defense Against Intoxication Assault
There are several defenses available in Intoxication Assault cases. Your defense strategy will be primarily based on the facts, evidence, and legal interpretation. The Prosecution bears the sole burden of proving intoxication assault. It is the responsibility of the defense to raise enough doubt that a jury will not find you beyond any reasonable doubt. In general, the prosecution must prove causation, which suggests they must show you were both drunk and the cause of the accident. An experienced attorney understands how to counter the State’s arguments and evidence. A good defense is one that is multifaceted and can include any of these techniques.