How Can You Fight Intoxication Assault Charges in Texas?

 Posted on November 19, 2024 in DWI

Two drivers will face intoxication charges following a three-car collision that shut down parts of Highway 287 in Fort Worth just a few days ago. Three people were injured in the accident when a Ford Escape hit a temporary construction barrier around 3 a.m. As construction workers were assisting the driver of the Escape, who was allegedly intoxicated, a Chevrolet Malibu collided with a construction truck, striking one of the construction workers.

The driver of the Malibu was also allegedly intoxicated. Both drivers and the construction worker were taken to the hospital. The driver of the Malibu could face intoxication assault charges as he injured the construction worker in the crash. The driver of the Escape was arrested and charged with DWI. Across the state of Texas, three people were killed each day in 2023 in alcohol-related crashes.

Although nobody believes driving while intoxicated is acceptable, in some cases, drivers are overcharged or were not driving while intoxicated. There are many factors associated with DWI or intoxication assault charges; often, a good person makes a one-time bad judgment mistake, which should not adversely affect the rest of his or her life.

If you are facing charges of intoxication assault or DWI, you need experienced legal assistance. A knowledgeable Prosper, TX DWI attorney from Law Offices of Biederman & Burleson P.L.L.C. can help you get through this difficult time with the best outcome possible. A strong defense can significantly minimize the consequences and penalties associated with intoxication assault or DWI charges.

What is Intoxication Assault in Texas?

Intoxication assault occurs when an impaired person is driving on a public road, causing an accident that results in another person’s serious bodily injury. Intent is not an element of this criminal offense, so it does not matter if the accident is caused by a mistake or with intent. Serious bodily injury is defined as an injury that results in a substantial risk of death, causes impairment or loss of any body part or organ, or results in permanent disfigurement or disability.

Intoxication assault is generally charged as a third-degree felony, although the offense will be elevated to a second-degree felony if the injuries to the other person result in a vegetative state or if the injury is to a firefighter, emergency medical personnel, or peace officer while in the line of duty. Intoxication assault can also be charged if a person is boating, flying, operating an amusement ride, or assembling an amusement ride while intoxicated and another person is seriously injured as a result.

What Are the Penalties for Intoxication Assault?

Intoxication assault is usually charged as a third-degree felony. If convicted, penalties could include between two and 10 years in prison and a maximum fine of $10,000. Additional penalties could include:

• Community service
• Community supervision with a minimum of 30 days in the county jail
• Driver’s license suspension
• Suspension of a professional license
• Suspension of a CDL license
• Installation of an Ignition Interlock Device

What Are Potential Defenses to Intoxication Assault?

Your defense to charges of intoxication assault will depend on the facts, evidence, and circumstances of your arrest. The state has the burden of showing each element of the offense beyond a reasonable doubt. The prosecutor must show you were intoxicated and you caused the accident. Some common defenses to intoxication assault include:

• Your constitutional rights were violated.
• Your BAC test can be challenged for a variety of reasons.
• The police made mistakes during your arrest.
• Evidence was not properly collected.
• It is not clear that the accident was your fault despite your intoxication.  

Contact a Collin County, TX Intoxication Assault Lawyer

If you are facing serious criminal charges, you need a serious, experienced criminal defense attorney. Choosing a knowledgeable Frisco, TX intoxication assault lawyer can potentially make a difference in whether you spend years in prison or are given a second chance.

The attorneys at Law Offices of Biederman & Burleson P.L.L.C. have more than 25 combined years of experience and more than 500 trial victories in DWI cases. Both of our attorneys are certified by the National Highway Transportation Safety Administration. Call 469-333-3333 to schedule a free consultation today.