Key Legal Elements the State Must Prove

For a conviction, the prosecution must establish three main elements:

1. You were intoxicated while operating a vehicle, meaning your blood alcohol concentration (BAC) was 0.08% or more, or you lacked normal use of mental/physical faculties due to alcohol or drugs.
2. You were operating a vehicle in a public place.
3. You caused serious bodily injury to another person, either a passenger, another driver, or pedestrian.

Serious bodily injury is legally defined as an injury that:

• Creates a substantial risk of death,
• Causes serious permanent disfigurement, or
• Results in protracted loss or impairment of a bodily function.

Common examples include brain injuries, broken bones, internal bleeding, paralysis, or loss of limbs.

Penalties for Intoxication Assault in Texas

Intoxication assault is typically charged as a third-degree felony.

Standard Penalties Include:

• 2 to 10 years in prison
• Fines up to $10,000
• Driver’s license suspension: 180 days to 2 years
• Mandatory ignition interlock device
• Community service: 160 to 600 hours
• Mandatory alcohol education classes

If you’re placed on probation, additional conditions may include:

• Drug and alcohol evaluations
• Regular reporting to a probation officer
• Random testing
• No further criminal offenses

Enhancements and Aggravating Factors

In certain situations, the charge may be enhanced to a second-degree felony if:

• The injured person was a peace officer, firefighter, or emergency medical personnel acting in the line of duty.
• The injuries were especially severe, such as permanent paralysis or disfigurement.

Second-degree felony penalties include:

• 2 to 20 years in prison
• Up to $10,000 in fines

Enhancements significantly increase both sentencing exposure and the seriousness of the conviction.

Civil Lawsuits and Restitution

Beyond criminal penalties, you may also face civil liability. Victims of intoxication assault can file personal injury lawsuits seeking compensation for:

• Medical bills
• Lost wages
• Pain and suffering
• Property damage

The criminal court may also order restitution, requiring you to pay the victim directly for specific losses. If convicted, the case may also be used as evidence in a related civil case.

Possible Legal Defenses to Intoxication Assault

Just because you’ve been charged doesn’t mean you’ll be convicted. Several defenses may apply, depending on the facts of your case. At Griffin, Cain & Herbig, we conduct a thorough investigation to identify weaknesses in the prosecution’s case.

Challenging Intoxication

Was your BAC tested properly? Were you actually impaired? Faulty breath or blood test procedures, medical conditions, or prescription medications may be misinterpreted as signs of intoxication.

Disputing Causation

You must have caused the injury. If the other driver was at fault, or if a third party’s actions contributed to the accident, the state may not be able to prove this element.

Unlawful Traffic Stop or Arrest

If the officer lacked probable cause for the stop or arrest, we may file motions to suppress evidence, which can weaken or even eliminate the case against you.

Accident Without Serious Injury

If the injuries don’t meet the legal definition of serious bodily injury, the felony charge may not be justified. We examine medical records and expert opinions to challenge the severity classification.