Houston Criminal Defense Attorney Matt DeLuca is experienced in defending felony intoxication assault charges in Texas. Intoxication Assault is alleged when a person operates a motor vehicle while intoxicated and causes serious bodily injury to another. The most common scenario is when a drunk driver causes an automobile accident and seriously injures another driver or passenger.

“Serious bodily injury” means 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 a serious criminal charge. In Texas, Intoxication Assault is a third degree felony, and if convicted, you could face a minimum of 2 years and a maximum of 10 years in prison and fines up to $10,000. Some people who are convicted of Intoxication Assault are eligible for probation, rather than prison, but even if you are given probation, the law still requires you to also serve a mandatory minimum of 30 days confinement in jail.

Felony Intoxication Assault charges can be fought and won in Texas.

Due to the specificity of the criminal elements, there are ways to defend against the accusation. In order for the prosecution to convict you of Intoxication Assault, they will have to prove all of the following elements beyond a reasonable doubt:

1. You were operating a motor vehicle in a public place at the time of the accident.

2. You were actually intoxicated at the time of the accident.

3. The accident caused “serious bodily injury” to another person.

4. The injury happened because of your intoxication.

If you or a loved one are accused of Intoxication Assault, an experienced Criminal Defense Attorney like Matt DeLuca can help you navigate the situation. Please give our office a call today at (713) 429-4400 to discuss how Matt DeLuca may be able to help you.

Texas Penal Code § 49.07 – Intoxication Assault

(a) A person commits an offense if the person, by accident or mistake:

(1) 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

(2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.

(b) In this section, “serious bodily injury” means 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.

(c) Except as provided by Section 49.09, an offense under this section is a felony of the third degree.