San Antonio Intoxication Assault Attorney

In Texas, Intoxication Assault is a third-degree felony charge that carries serious consequences. This offense is defined as causing serious bodily injury to another person while operating a motor vehicle while intoxicated — and at least one of the parties involved, other than the person charged with the crime, must have sustained serious injuries as a result of the defendant’s actions. It’s important to note that even if you didn’t intend to cause harm, you can still be charged with Intoxication Assault in Texas.

Prosecutors take intoxication assault very seriously in Texas, because it’s a serious offense that can have life-altering consequences for the victim. The state views this crime as one of the most egregious forms of drunk driving and carries heavy penalties as a result. For example, if convicted, you could be looking at up to 10 years in prison and/or fines of up to $10,000. You may also face additional charges such as medical expenses for any victims involved — which could skyrocket depending on the severity of the injuries sustained.

If you find yourself facing an Intoxication Assault charge in Texas, it is crucial that you seek legal counsel right away. An experienced criminal defense attorney can help you understand the charges and laws associated with your case, guide you through the legal process, and even explore options to reduce or dismiss the charges against you. In addition, it’s important to remember that Intoxication Assault is a felony charge and could have long-term implications on your life — so it’s essential that you take these charges seriously and do not act without consulting an attorney first.

Elements of Intoxication Assault in San Antonio

The Texas Penal Code Section 49.07 defines Intoxication Assault as operating a motor vehicle in a public place while intoxicated and causing serious bodily injury to another person.

Serious bodily injury is defined as an injury that creates a substantial risk of death or that causes serious and permanent disfigurement or loss/impairment of the function of any body part or organ.

Some examples include severe broken bones, head trauma, paralysis and nerve damage. For someone to be charged with Intoxication Assault in Texas, at least one victim must have suffered from one or more of these kinds of injuries.

Under Texas law, intoxication is defined in two ways: by the amount of alcohol in your blood and/or by your mental or physical state. The legal limit for a blood alcohol concentration (BAC) level is 0.08%, but you can still be considered intoxicated if your BAC is below this limit — if the officer can show that you have lost the normal use of your mental and physical faculties. You can also be charged with Intoxication Assault in Texas even if you weren’t under the influence of alcohol; if drugs are found in your system — whether illegal substances or prescription medication — that could lead to criminal charges as well.

Defenses for Intoxication Assault in San Antonio

The most common defense for Intoxication Assault in Texas is that the accused was not actually intoxicated. For example, even if a breath or blood test can show that the defendant had a BAC over 0.08%, the lab information can be reviewed by an expert who can show the jury how the result shouldn’t be trusted. Additionally, a defense attorney may also argue that there is insufficient evidence to prove that an injury occurred due to the defendant’s alleged intoxication — meaning they should not be held criminally liable for their actions. This is called challenging the “causation” and is one of the most common defenses.

Other defenses may include challenging the proper administration of the field sobriety tests, lack of probable cause to detain you and investigate, and/or issues regarding Miranda rights.

Punishment for Intoxication Assault in Texas

The potential punishments and consequences for Intoxication Assault in Texas can vary depending on the circumstances of the case. Generally, Intoxication Assault is a third-degree felony offense and is punishable by up to 10 years in prison and/or a fine of up to $10,000. Additionally, your driver’s license may be suspended or revoked due to an Intoxication Assault conviction. There may also be other collateral consequences such as difficulty obtaining employment or rental housing due to having a criminal record.

Experienced Intoxication Assault Attorney Brad Thornton

If you’ve been charged with Intoxication Assault in Texas, it’s important that you take this charge seriously and seek legal representation as soon as possible. Thornton Criminal Defense can help you build a strong case and fight the charges. You may be able to get the charge reduced or even dismissed — but it’s important that you work with an experienced lawyer who understands the intricacies of intoxication assault cases in Texas. Brad has spent most of his career handling DWI and Intoxication Assault or Manslaughter cases and was the a leader on the Vehicular Crimes Team with the District Attorney’s Office before becoming a defense attorney.

Brad knows what it takes to investigate and try these charges to a jury. He also know how to show the prosecution that this case shouldn’t be brought in the first place.

If you have been charged with Intoxication Assault, contact Brad Thornton Today.