If you drive under the influence in Texas and cause a crash in which someone is injured, you could face a charge of intoxication assault. This is an extremely serious crime that is prosecuted as a felony, even for a first offense. If you were arrested for intoxication assault in Grapevine, it extremely important that you speak to a seasoned criminal defense as soon as possible to understand how this charge can impact your future.
Defining Intoxication Assault Under State Law
Texas Penal Code Section 49.07 defines intoxication assault as causing serious injury to another person through any of the following:
- Operating a motor vehicle in a public place while intoxicated
- Operating a plane, boat, or amusement park ride while intoxicated
- Assembling an amusement park ride while intoxicated, resulting in it malfunctioning and injuring an occupant during operation
Under this statute, a first offense of intoxication assault in Grapevine is third-degree felony, punishable by two to 10 years. You would also lose various civil privilege’s and rights, such as your license, the right to vote, and own a firearm.
Intoxication assault is upgraded to a second-degree felony if it leaves somebody in a vegetative state, or if it impacts a firefighter, emergency medical worker, or law enforcement officer who is on duty at the time of the incident.
Learn more about Driving While Intoxicated charges.
Contesting Charges of Intoxication Assault
There are five core elements that must be present for you to be convicted of intoxication assault. For example, if you were charged with this offense following a car wreck, all of the following would need to be true:
- You were intoxicated by alcohol, illicit drugs, or prescription medications
- You were operating a motor vehicle
- You were in a public place
- You caused serious injury to another person.
These elements can be challenged by a skilled and dedicated defense attorney. For instance, “intoxication” under Texas state law must involve a blood alcohol concentration of 0.08 percent or higher, as well as physical and/or mental impairment. It may be possible to contest test results, observations made by the officer who arrested you, and reports regarding your impairment.
Build a Defense Against Grapevine Intoxication Assault Charges
Driving while intoxicated is usually a misdemeanor offense in Texas, but if you are accused of causing serious bodily injury, the penalties you face become much more severe. Fortunately, we can to help you understand exactly what you are facing and will fight for you in court.
If you were charged with intoxication assault in Grapevine, you should strongly consider getting in touch with our team of qualified defense lawyers right away. Call Varghese Summersett today to schedule your free initial consultation.
