Denton County Intoxication Assault Lawyer | Felony Defense

Intoxication assault is a serious felony in Texas that can result in years in prison, a permanent criminal record, and life-altering consequences. If you or someone you love is facing this charge in Denton County, understanding what you’re up against and how to fight back is the first step toward protecting your future.

At Varghese Summersett, our attorneys have helped hundreds of clients facing intoxication-related charges. We know how prosecutors build these cases, and we know how to challenge them. A charge is not a conviction. With the right defense, outcomes can include reduced charges, dismissed cases, or acquittals at trial.

What Is Intoxication Assault in Texas?

Under Texas Penal Code § 49.07, intoxication assault occurs when a person operates a motor vehicle, aircraft, watercraft, or amusement ride while intoxicated and, by reason of that intoxication, causes serious bodily injury to another person. This charge also applies to someone who assembles a mobile amusement ride while intoxicated.

The key elements prosecutors must prove are:

• You were operating a vehicle (or watercraft, aircraft, or amusement ride)
• You were intoxicated at the time of operation
• Your intoxication caused serious bodily injury to another person

“Serious bodily injury” means an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in protracted loss or impairment of the function of any bodily member or organ. This can include traumatic brain injuries, broken bones requiring surgery, spinal cord damage, or injuries causing permanent disability.

Penalties for Intoxication Assault in Denton County

Intoxication assault is a third-degree felony in Texas. If convicted, you face:

• 2 to 10 years in the Texas Department of Criminal Justice (prison)
• Up to $10,000 in fines
• Driver’s license suspension for 90 days to 2 years
• Mandatory installation of an ignition interlock device
• A permanent felony conviction on your record

The charge can be enhanced to a second-degree felony (2 to 20 years) if you caused serious bodily injury to a peace officer, firefighter, or emergency medical services personnel while they were performing official duties. Under Texas Penal Code § 49.09, if the intoxication assault causes a traumatic brain injury that leaves the victim in a persistent vegetative state, the charge becomes a second-degree felony as well.

Beyond incarceration, a conviction creates lasting collateral consequences. You may lose professional licenses, face difficulty finding employment, become ineligible for certain educational opportunities, and experience challenges with housing applications. If you’re facing charges, it’s critical to speak with an experienced Denton County criminal defense attorney immediately.

What to Expect: Bond Amounts for Intoxication Assault in Denton County

If you’re arrested for intoxication assault in Denton County, one of your first concerns will be getting out of jail. In our analysis of over 12,900 bonds set in Denton County during 2025, we found 14 cases involving intoxication assault causing serious bodily injury under Texas Penal Code § 49.07(c).

The average bond for intoxication assault in Denton County was $52,250. The most common bond set was $10,000. However, bond amounts can vary significantly based on the severity of the victim’s injuries, your criminal history, whether you have ties to the community, and whether the judge views you as a flight risk.

Factors that can increase your bond include prior DWI convictions, causing injuries to multiple victims, leaving the scene of the accident, or having an extremely high blood alcohol concentration. An attorney can argue for a reasonable bond amount at your magistrate hearing and, if necessary, file a motion to reduce bond.

How Intoxication Assault Cases Are Investigated

Denton County law enforcement and prosecutors take intoxication assault cases seriously. Investigations typically involve multiple agencies and extensive evidence gathering. Understanding what evidence the state will use against you helps your defense team build the strongest possible case.

Police will obtain blood or breath test results to establish intoxication. Texas has implied consent laws, meaning that by driving on Texas roads, you’ve agreed to provide a specimen if arrested for DWI. If you refuse, officers can obtain a search warrant for your blood. These test results often form the backbone of the prosecution’s case, but they’re not bulletproof. Testing equipment must be properly calibrated, samples must be correctly handled, and procedures must be followed precisely.

Accident reconstruction experts may be brought in to analyze the crash scene. They’ll examine skid marks, vehicle damage, road conditions, and witness statements to determine how the accident occurred. Prosecutors use this evidence to establish the causal link between your alleged intoxication and the victim’s injuries.

Medical records documenting the victim’s injuries are critical. The state must prove the injuries qualify as “serious bodily injury” under Texas law. Defense attorneys often challenge whether injuries truly meet this legal threshold.

Real Case Results: Fighting Serious Intoxication Charges

At Varghese Summersett, we’ve achieved favorable outcomes in some of the most serious intoxication-related cases. In one recent case, our client was charged with intoxication manslaughter, a second-degree felony carrying up to 20 years in prison. Through aggressive negotiation and strategic defense work, attorney Tiffany Burks successfully negotiated a reduction to the charge, avoiding the most severe consequences our client faced.

While every case is different, this result demonstrates what’s possible when you have experienced attorneys fighting for you. Past results do not guarantee future outcomes, but our track record of 1,600+ dismissals and 800+ charge reductions shows our commitment to achieving the best possible results for every client.

If you’re facing intoxication assault charges in Denton County, don’t wait to get help. Call (940) 252-2220 to schedule a free consultation.

Defense Strategies for Intoxication Assault

A skilled defense attorney will examine every aspect of your case to identify weaknesses in the prosecution’s evidence. Common defense strategies include:

Challenging the traffic stop or arrest. If police lacked reasonable suspicion to pull you over or probable cause to arrest you, evidence obtained as a result may be suppressed. Constitutional violations can significantly weaken or even destroy the state’s case.

Questioning blood or breath test results. Blood and breath testing equipment must be properly maintained and calibrated. The person administering the test must be properly trained and certified. Chain of custody for blood samples must be documented. Errors in any of these areas can make test results inadmissible or unreliable.

Disputing causation. The prosecution must prove your intoxication caused the accident and resulting injuries. If other factors contributed, such as the other driver’s actions, road conditions, vehicle defects, or weather, your attorney can argue the state hasn’t met its burden of proof.

Challenging the “serious bodily injury” determination. Not every injury qualifies as serious bodily injury under Texas law. If the victim’s injuries don’t meet the legal definition, the charge may be reduced or dismissed.

Presenting alternative explanations for signs of intoxication. Medical conditions, fatigue, prescription medications, or even certain foods can mimic signs of intoxication. Field sobriety tests are notoriously unreliable for people with certain physical conditions.

The Denton County Criminal Court Process

Understanding what happens after an arrest helps reduce anxiety and allows you to participate meaningfully in your defense. Denton County felony cases follow a structured process through the criminal justice system.

After your arrest, you’ll appear before a magistrate who will set your bond and inform you of the charges. If you can post bond, you’ll be released while your case proceeds. Your attorney can request a bond reduction hearing if the initial amount is too high.

Your case will be presented to a Denton County grand jury. The grand jury reviews evidence and determines whether there’s probable cause to formally charge you with intoxication assault. If they return an indictment, your case moves forward. If they decline to indict (a “no-bill”), the case ends.

After indictment, your case is assigned to a Denton County felony court. The Frank Crowley Courts Building in Denton handles felony matters. Your attorney will review all evidence through the discovery process, file motions to suppress illegally obtained evidence, and negotiate with prosecutors regarding potential plea offers.

Many cases resolve through negotiated plea agreements that may include reduced charges, probation instead of prison time, or participation in alternative programs. If a fair resolution can’t be reached, your case proceeds to trial where a jury will determine your guilt or innocence.

Intoxication Assault vs. Other Intoxication Offenses

Understanding how intoxication assault compares to related charges helps put your situation in perspective. Intoxication charges in Texas range widely in severity:

A standard DWI (first offense) is a Class B misdemeanor punishable by up to 180 days in jail. If you cause an accident that results in injuries that don’t qualify as “serious bodily injury,” you may face DWI charges rather than intoxication assault.

Intoxication manslaughter occurs when intoxicated operation of a vehicle causes another person’s death. It’s a second-degree felony carrying 2 to 20 years in prison. The line between intoxication assault and intoxication manslaughter often depends on whether the victim survives their injuries.

DWI with a child passenger is a state jail felony if you’re driving while intoxicated with a passenger under 15 years old, even if no accident occurs.

The distinction between these offenses often comes down to the specific circumstances of your case. An experienced attorney understands these nuances and can identify when charges may be over-filed or when the evidence supports a lesser offense.

Protecting Your Rights After an Arrest

What you do in the hours and days after an arrest can significantly impact your case. Here’s what you should know:

Exercise your right to remain silent. You’re required to provide basic identifying information, but you don’t have to answer questions about where you were, what you drank, or what happened. Politely decline to make statements until you’ve spoken with an attorney.

Don’t consent to searches. If police ask permission to search your vehicle, you can politely refuse. If they have a warrant or probable cause, they’ll search anyway, but your refusal preserves your right to challenge the search later.

Contact a lawyer immediately. The sooner an attorney gets involved, the more options you have. Evidence can be preserved, witnesses can be interviewed while memories are fresh, and critical deadlines can be met.

Document everything you remember. Write down everything you recall about the events leading to your arrest while details are fresh. Share this information only with your attorney.

Avoid discussing your case. Don’t talk about your case on social media, with friends, or with family members other than your spouse. Anything you say can potentially be used against you.

Why Choose Varghese Summersett for Your Defense?

When you’re facing a felony charge that could result in prison time, you need attorneys who understand the stakes and have the experience to fight effectively. Varghese Summersett brings unmatched resources to your defense.

Our team includes former state and federal prosecutors who understand how the other side builds cases. Four of our attorneys are Board Certified in Criminal Law by the Texas Board of Legal Specialization, a distinction held by less than 1% of Texas attorneys. We’ve achieved more than 1,600 dismissals and 800 charge reductions throughout our practice.

We have offices across Texas, including easy access to Denton County clients. Our team of 70+ professionals includes criminal defense attorneys, investigators, and support staff dedicated to building the strongest possible defense for every client.

We understand the local courts, the prosecutors, and the judges in Denton County. This familiarity allows us to anticipate how your case will be handled and develop strategies tailored to the specific dynamics of your situation.

Frequently Asked Questions About Intoxication Assault

Can intoxication assault charges be dismissed?

Yes. Charges can be dismissed if there are problems with the evidence, constitutional violations during the investigation, or if the grand jury declines to indict. Your attorney will evaluate every aspect of your case to identify potential grounds for dismissal.

Will I go to prison for intoxication assault?

Prison time is possible but not guaranteed. Third-degree felonies carry sentences of 2 to 10 years, but judges can sentence eligible defendants to probation instead. Factors like your criminal history, the severity of the victim’s injuries, and the strength of your defense all influence the outcome.

Can I get probation for intoxication assault?

Probation is available for intoxication assault convictions in many cases. A judge can grant community supervision (probation) of 2 to 10 years. Probation typically includes conditions like alcohol treatment, community service, and regular check-ins with a probation officer.

How long do intoxication assault cases take to resolve?

Felony cases in Denton County typically take several months to over a year to resolve. Complex cases involving serious injuries, multiple victims, or contested evidence may take longer. Your attorney will work to resolve your case as efficiently as possible while ensuring your rights are protected.

What if the victim doesn’t want to press charges?

In Texas, the victim doesn’t decide whether charges are filed. That decision rests with the prosecutor. However, a victim’s reluctance to cooperate can affect the strength of the state’s case and may influence plea negotiations.

Take Action to Protect Your Future

An intoxication assault charge threatens your freedom, your career, and your future. The consequences of a conviction follow you for life. But you don’t have to face this alone, and you don’t have to accept the worst possible outcome.

At Varghese Summersett, we fight for every client as if their case were our own. We investigate thoroughly, challenge aggressively, and negotiate strategically. When necessary, we take cases to trial and win.

Don’t wait to get help. Call (940) 252-2220 today to schedule a free consultation with an experienced Denton County intoxication assault lawyer.