If you have been involved in a car accident that causes serious injury to another person while under the influence of drugs or alcohol, the stakes raise considerably from a misdemeanor DWI offense. Operating a motor vehicle while intoxicated and additionally causing serious bodily harm to a person is considered a felony in Texas. Punishments for Intoxicated Assault range from 2 to 20 years imprisonment in addition to a steep fine.
In order to avoid these severe penalties, it would be in your best interest to consult with a Travis County DUI defense attorney. Kevin Bennett at The Law Office of Kevin Bennett is a skilled and experienced defense attorney that practices solely criminal defense. He is passionate about the law and will work hard to protect your rights.
Austin Intoxication Assault Attorney
Contact The Law Office of Kevin Bennett today for guidance with your Intoxication Assault charges in Austin, Travis County, Pflugerville, Lago Visto, Lakeway and the surrounding areas. Car accidents are tense situations that can introduce speculation from every side. An attorney who studies the details of your case in order to flesh out fact from fiction and provide you with a strong defense can make a significant difference in the outcome of your case.
Call Kevin Bennett today at (512) 476-4626 if you are facing felony Intoxication Assault charges in Austin or the surrounding areas. After a free initial consultation, Kevin Bennett can begin to represent you.
- Intoxication Assault in Texas
- Penalties for Intoxication Assault in Texas
- Serious Bodily Injury in Texas
- Additional Resources for Intoxication Assault
For a conviction of Intoxication Assault, the state must prove beyond a reasonable doubt that you were intoxicated, a motor vehicle accident occurred, and that serious bodily harm was inflicted on an individual.
Intoxication, as defined by the Texas Penal Code § 49.01(2), can mean either of the following:
- Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body
- Having an alcohol concentration of 0.08 or more
It is crucial that a knowledgeable lawyer reviews the evidence surrounding your alleged impairment and whether tests were properly administered and can be excluded or challenged as evidence. Kevin Bennett is well-versed in the testing methods for drug and alcohol impairment and their potential faults.
To be convicted of Intoxication Assault under Texas Penal Code § 49.07, serious bodily harm must have been caused. Defined as “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,” serious bodily harm may not be present at the time of the accident. It is imperative, if you believe you may face a later claim of serious bodily harm, to be represented by an attorney through any insurance claim process.
According to Texas Penal Code § 49.09, the felony charge will increase from a third degree to second degree if the accident has caused an individual “traumatic brain injury that results in persistent vegetative state” or if the individual harmed is an on-duty peace officer, firefighter, or emergency medical services personnel.
Depending on the level of bodily harm, Intoxication Assault can be charged as a third or second degree felony.
- A third degree felony is punishable by between two to 10 years in prison, and/or a fine of up to $10,000.
- If an individual is convicted of a second degree felony, he or she can be sentenced to between two to 20 years behind bars, and/or up to a $10,000 fine.
Aside from these penalties, individuals convicted of felony DWI can also be subjected to driver’s license suspensions, DUI School, drug and alcohol rehabilitation, counseling, the installation of an ignition interlock device, as well as other appropriate penalties.
If convicted of a felony, you will not be allowed to carry a firearm for life under federal law.
According to section 49.07 which constitutes intoxication assault, “serious bodily injury” refers to 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.
Although this type of injury may not immediately be apparent after an intoxication assault accident, the defendant could still be charged with intoxication assault if the injuries appear at a later time.
Texas Penal Code: Intoxication and Alcoholic Beverage Assault – Click the link to view the official website for the Texas Penal Code. The webpage lists DWI related offenses, penalties and related terms.
Texas Department of Motor Vehicles – Visit the official website for the Texas Department of Motor Vehicles. On the site, you can renew your driver license’s, register your vehicle, update your address and much more.
Austin Intoxication Assault Attorney | Travis County, TX
If you have been arrested for an Intoxication Assault in Austin, Travis County, Pflugerville, Lakeway, or the surrounding areas, The Law Office of Kevin Bennett has the knowledge and resources necessary to best represent you. Kevin Bennett is a quality felony DWI lawyer in Austin who will fight for your freedom.
Attorney Kevin Bennett will evaluate your case and provide expert advise through this lengthy and trying process. Call The Law Office of Kevin Bennett today at (512) 476-4626 to set up your free consultation. He is prepared to take your call.