DWI Intoxication Assault

Dallas DWI/DUI Lawyer | Chad A. West, PLLC

Intoxication assault charges can be brought against the driver of a car in a drunk driving accident if someone other than the driver is seriously injured.  In order to get a conviction for intoxication assault, the prosecutor does not need to show any intent of harm on the part of the driver, just that the driver was intoxicated at the time of the accident. DWI Assault is a third-degree felony that will also be present on a criminal record, which could impact future employment and secondary education.

For 24 hour emergency JAIL RELEASE in Dallas, Collin, Denton, Tarrant and Rockwall Counties, call us anytime day or night at 214-282-0035 and we will post bond for you at the Jail for release.

Texas Penal Code, § 49.07.  Intoxication Assault. 

(a)  A person commits an offense if the person, by accident or mistake:

                (1)  while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another;  or

                (2)  as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.

(b)  In this section, “serious bodily injury” means 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.

(c)  An offense under this section is a felony of the third degree.

As a Dallas, Fort Worth, Plano, Frisco, Allen, McKinney, and Addison DWI defense firm, Chad West Law will work hard to defend your rights and driving privileges both in court and before the Department of Public Safety (DPS). We’ll take your case to trial if necessary to avoid a DWI conviction on Intoxication Assault. We will also help you get your driving record and criminal record expunged when that’s possible.