What is Intoxication Assault in Dallas?
Intoxication assault is a serious felony in Texas that occurs when someone causes severe bodily injury to another person while driving drunk or under the influence of drugs. Under Texas Penal Code § 49.07, this third-degree felony carries 2 to 10 years in prison and fines up to $10,000. If you’re facing these charges in Dallas, contact Varghese Summersett immediately at 214-903-4000 for a free consultation with an experienced Dallas intoxication assault lawyer.
Unlike most criminal offenses, intoxication assault does not require intent. You don’t have to mean to hurt anyone. An accident while intoxicated is enough for prosecutors to file charges. This makes these cases particularly devastating for everyone involved, including the victims, the defendant, and both families.
Why Intoxication Assault Cases Require Immediate Legal Help
The Dallas County District Attorney’s Office created a dedicated vehicular crimes unit in 2022 specifically to prosecute these cases more aggressively. According to the Dallas Morning News, prosecutors now treat intoxication assault cases with the same intensity as other violent felonies. This means you need a defense attorney who understands how seriously the DA’s office takes these charges.
At Varghese Summersett, our criminal defense team includes former prosecutors and Board Certified specialists who have handled hundreds of DWI-related felony cases across North Texas. We maintain offices in Dallas, Fort Worth, Houston, and Southlake to serve clients throughout the region.
How Does Texas Define Intoxication Assault?
Texas Penal Code § 49.07 states that a person commits intoxication assault if they cause serious bodily injury to another person by accident or mistake while operating a motor vehicle in a public place while intoxicated. The law also applies to operating aircraft, watercraft, or amusement rides while impaired.
There are three ways Texas proves intoxication. First, if you lack normal mental faculties due to alcohol, drugs, or any controlled substance. Second, if you lack normal physical faculties for the same reasons. Third, if your blood alcohol concentration measures 0.08% or higher. Prosecutors only need to prove one of these three elements.
What Qualifies as Serious Bodily Injury?
Texas law sets a high bar for “serious bodily injury.” Under Texas Penal Code § 1.07(a)(46), serious bodily injury means any injury that creates a substantial risk of death, causes death, results in serious permanent disfigurement, or causes protracted loss or impairment of any bodily member or organ. Broken bones, traumatic brain injuries, spinal cord damage, and internal organ injuries typically qualify. Minor cuts, bruises, or temporary injuries generally do not meet this threshold.
What Are the Penalties for Intoxication Assault in Dallas?
The penalties for intoxication assault depend on who was injured and your prior criminal history. A standard intoxication assault is a third-degree felony in Texas, punishable by 2 to 10 years in prison, fines up to $10,000, community service up to 600 hours, driver’s license suspension for one year, mandatory ignition interlock device installation, and required completion of drug or alcohol treatment programs.
The charges become more serious when certain victims are involved. Under Texas Penal Code § 49.09, intoxication assault against a law enforcement officer, firefighter, or emergency medical services personnel acting in their official duties is a second-degree felony. This increases the potential prison sentence to 2 to 20 years, community service to 1,000 hours, and license suspension to two years.
If the victim is a police officer or judge acting in their official capacity, intoxication assault becomes a first-degree felony. When the injury causes a traumatic brain injury that leaves the victim in a persistent vegetative state, the offense is elevated to a second-degree felony regardless of the victim’s profession.
Prior DWI convictions also enhance penalties. If your intoxication assault occurs within five years of any other DWI offense, you face increased punishment ranges.
Can Prosecutors Add More Charges to My Case?
Yes. Intoxication assault cases often involve multiple charges because accidents rarely have a single cause. Prosecutors may add reckless driving under Transportation Code § 545.401, which is a misdemeanor for operating a vehicle with willful disregard for others’ safety.
More concerning is the possibility of upgraded charges. If the injured person dies from their injuries at any point, prosecutors can change an intoxication assault charge to intoxication manslaughter under Texas Penal Code § 49.08. This is a second-degree felony with 2 to 20 years in prison. We regularly see cases where charges evolve as the victim’s condition changes, which is why early intervention by an experienced attorney matters.
What Happens After an Intoxication Assault Conviction?
The court-ordered penalties are just the beginning. An intoxication assault conviction creates lasting consequences that affect nearly every aspect of your life. You will lose your driver’s license and must complete drug or alcohol assessments before reinstatement. Random drug and alcohol testing becomes part of your routine. You’ll need SR-22 high-risk insurance, which costs significantly more than standard coverage, for years after conviction.
As a convicted felon, you lose the right to vote while incarcerated and on parole. You also lose the right to own or possess firearms under both Texas and federal law. Many employers conduct background checks, and a felony conviction closes doors to jobs in healthcare, education, finance, and many other fields. Professional licenses in law, medicine, nursing, and other regulated industries may be revoked or denied.
When a client came to us facing both intoxication assault and intoxication manslaughter charges, the stakes couldn’t have been higher. Our defense team challenged every aspect of the prosecution’s case, including the deadly weapon allegation. The result: a ‘not true’ finding on the deadly weapon and an outcome that kept our client out of prison.
Facing Dallas Intoxication Assault Charges? Contact Us Today.
If you or a family member face intoxication assault charges in Dallas, time matters. Evidence can disappear. Witnesses’ memories fade. The sooner you have experienced legal representation, the better your chances of building a strong defense.
The criminal defense team at Varghese Summersett includes former prosecutors who know exactly how the Dallas County DA’s vehicular crimes unit operates. Our attorneys include Board Certified criminal law specialists with decades of combined experience defending serious DWI-related felonies. We’ve helped clients across Dallas County navigate these complex cases and fight for the best possible outcomes.
For a free consultation with a Dallas intoxication assault lawyer, call 214-903-4000 today.
Frequently Asked Questions About Dallas Intoxication Assault
Is intoxication assault a felony in Texas?
Yes. Intoxication assault is a third-degree felony under Texas Penal Code § 49.07, punishable by 2 to 10 years in prison and fines up to $10,000. The charge can be elevated to a second-degree or first-degree felony depending on the victim and circumstances.
What is the difference between intoxication assault and intoxication manslaughter?
The difference is whether the victim survives. Intoxication assault involves serious bodily injury to another person while driving intoxicated. Intoxication manslaughter occurs when the victim dies. If an intoxication assault victim later dies from their injuries, prosecutors can upgrade the charges to intoxication manslaughter.
Can I get probation for intoxication assault in Texas?
Probation is possible for intoxication assault convictions in Texas, though not guaranteed. A judge may grant community supervision (probation) instead of prison time, particularly for first-time offenders. Probation typically includes strict conditions like alcohol monitoring, community service, and treatment programs. An experienced attorney can advocate for probation during plea negotiations or sentencing.
How long does an intoxication assault case take in Dallas?
Intoxication assault cases in Dallas County typically take 6 to 18 months to resolve, though complex cases may take longer. Factors affecting timeline include the severity of the victim’s injuries, toxicology report delays, accident reconstruction needs, and court schedules. Cases that go to trial generally take longer than those resolved through plea negotiations.
Will I lose my license after an intoxication assault charge?
Yes. A conviction for intoxication assault results in driver’s license suspension for at least one year. Second-degree felony intoxication assault (involving emergency personnel) carries a two-year suspension. You will also be required to install an ignition interlock device on your vehicle before license reinstatement.
