About Intoxication Assault Charges
A person will be charged with intoxicated assault if they are Driving While Intoxicated and an injury or serious form of bodily injury was inflicted on another person as a result of the commission of the crime of DWI. The charge is most often applied during auto accidents in which the driver’s intoxication is suspected to be the cause of the injuries of the victim. In cases like these, if the officer feels you were intoxicated, you’re saddled with a felony charge.
A DWI Auto Accident Causing Serious Bodily Injury
According to the current Texas legal standard, any injury considered to potentially cause death, serious subsequent disability, or irreconcilable damage to a body part or organ, are grounds for felony intoxication assault charges.
Texas Penalties for Intoxication Assault
Defendants charged with intoxication assault face prosecution for a third degree felony offense which is punishable by a prison sentence which can last from a period of 2 to 10 years in a prison facility operated by the Texas Department of Criminal Justice.
In addition to prison punishment, defendants may be fined to the tune of up to $10,000 for their crime, and forced to wait up to 2 years before lawfully being allow to operate a motor vehicle in Texas.
Common Houston DWI Assault Causes
Unlike most crimes where the government has to prove the mental stability of the defendant, intoxication assault cases are liability criminal offenses which are based on the situation at the time of the incident.
In most cases, intoxication assault is not charged as a result of a drunk driver accidentally running over someone who may be walking on a sidewalk.
In Houston, criminal charges of intoxication assault normally stem from an episode of DWI resulting in a car accident in which a passenger(s) of the allegedly drunk driver suffered serious bodily injury due to an accident which happened as a result of driving while intoxicated on part of the driver.
The injured party has no say in the decision of the State of Texas with regard to the pursuit of criminal charges on the offender. The State of Texas will make the decision on what criminal charges to pursue, and how many of said criminal charges will be pursued based on the number of parties that sustained injuries.
There’s Always a Defense Strategy
There are number of potential criminal defense strategies for persons charged with intoxication assault by the State of Texas. Attorneys Tad Nelson and Amber Spurlock are articulate expert litigators when it comes to defending their clients against any type of criminal charge involving DWI.
Experienced DWI Attorneys
The DWI attorneys on our legal team have the necessary experience to mount a formidable challenge to the state’s evidence against you; which may not be evidence at all once scrutinized under the scope of the forensic lawyer-scientist who will be representing you should you choose to retain attorneys Tad Nelson & Amber Spurlock for your legal defense.