Intoxication Assault Attorney in Austin

What Texas Must Prove in an Intoxication Assault Case

Texas Penal Code § 49.07 applies when a person, by accident or mistake, operates a motor vehicle in a public place while intoxicated and causes serious bodily injury because of that intoxication. The law also covers intoxicated operation of an aircraft, watercraft, or amusement ride, as well as assembling a mobile amusement ride while intoxicated.

The required injury is one that creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of a bodily member or organ. Intoxication can mean a blood alcohol concentration of at least 0.08 or the loss of normal use of mental or physical faculties because of alcohol, drugs, or a combination of substances.

The outcome distinguishes several potential charges:

• DWI: A standard DWI doesn’t require another person to meet the statutory injury threshold.
• Intoxication assault: The state must connect the alleged intoxication to another person’s qualifying injury.
• Intoxication manslaughter: Prosecutors may pursue this charge when the injured person dies.

Potential Penalties & Charge Enhancements

Intoxication assault is ordinarily charged at the third-degree level. The charge can become more severe based on the injured person’s status or the nature of the injury.

Potential statutory punishment ranges include:

• Third-degree felony: Two to 10 years in prison and a fine of up to $10,000
• Second-degree felony: Two to 20 years in prison and a fine of up to $10,000 when the injured person is an on-duty firefighter or emergency medical services worker, or a traumatic brain injury causes a persistent vegetative state
• First-degree felony: Five to 99 years or life in prison and a fine of up to $10,000 when the allegation involves an on-duty peace officer or judge

How We Test the Prosecution’s Evidence

The prosecution must prove more than the occurrence of a collision and an injury. It must establish intoxication under the alcohol-concentration or loss-of-normal-faculties standard, show that the injury meets the statutory threshold, and connect the alleged intoxication to that injury.

Evidence relevant to those issues can include:

• Blood or breath test collection, handling, analysis, and results
• Dash-cam, body-cam, surveillance, or other available video
• Field observations and prescription medication information
• Medical records documenting the nature and duration of the injury
• Witness accounts and physical evidence concerning how the incident occurred

A defense may examine whether another driver, roadway conditions, a medical emergency, or another intervening factor caused the incident or injury. Involuntary intoxication can also present a distinct defense issue when supported by the facts.

Austin Felony Court & Driver’s License Proceedings

Felony intoxication assault allegations in Austin proceed through local criminal District Courts at the Blackwell-Thurman Criminal Justice Center. Before a case can proceed in District Court, a grand jury must determine whether probable cause supports an indictment, the formal charging document in a felony case.

Under the Michael Morton Act, the prosecution must disclose qualifying evidence after a timely request. That material can include:

• Offense reports and probable-cause affidavits
• Dispatch records and driving records
• Laboratory results and medical records
• Available dash-cam or body-cam video

A DWI arrest can also trigger Administrative License Revocation, a civil process separate from the criminal case. A driver generally has 15 days after arrest to request an Administrative License Revocation hearing or face an automatic license suspension, making this an important early deadline to identify.