Defining Intoxication Assault
Intoxication assault occurs when an individual, while intoxicated, operates a vehicle, aircraft, watercraft, or amusement ride and, as a result, causes serious bodily injury to another person. Serious bodily injury refers to an injury that creates a substantial risk of death, causes permanent disfigurement, or results in the loss or impairment of any bodily function or organ.
Legal Thresholds for Intoxication Assault
In Texas, the prosecution must prove that the defendant was intoxicated at the time of the offense and that their intoxication directly caused serious bodily injury to another person. Intoxication can be established through blood alcohol concentration (BAC) tests, field sobriety tests, or other evidence showing impairment due to alcohol or drugs.
Penalties for Intoxication Assault
Intoxication assault is classified as a third-degree felony in Texas. Penalties can include:
- Prison Time:A prison sentence ranging from 2 to 10 years.
- Fines:Fines up to $10,000.
- License Suspension:Suspension of driving privileges for a significant period.
These penalties can be more severe if aggravating factors are present, such as prior DWI convictions or if the victim suffers extreme injuries.
Defense Strategies
- Challenging the Evidence:Defense attorneys can question the accuracy and handling of BAC tests, field sobriety tests, and other evidence.
- Lack of Causation:Proving that the intoxication did not directly cause the injury can be a crucial defense.
- Violation of Rights:If the defendant’s rights were violated during the arrest or evidence collection, such evidence might be suppressed.
Getting Expert Legal Guidance is Crucial
Facing intoxication assault charges in Texas can be daunting, but having an experienced defense attorney can make a significant difference. The Law Office of Robert M. Maurer II & Associates, including our skilled criminal lawyer and criminal defense attorney, offers expert legal guidance to protect your rights. Whether you need a DUI lawyer or a DWI attorney in San Antonio, contact us today to ensure you have the support and defense necessary to navigate these serious charges.
Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.
