If you drive drunk and cause an accident that involves serious injuries, you will face intoxication assault charges. This charge not only carries large fines and the suspension of your driver’s license, but you will also go to prison upon conviction — for up to a decade.
Do not try to fight these charges alone. An intoxication assault lawyer in Grand Prairie will work to protect your legal rights and fight for the best possible outcome in your case.
Schedule a free consultation with the Law Offices of Randall B. Isenberg today: 214-696-9253.
What Merits an Intoxication Assault Charge?
Texas law defines the crime of intoxication assault as causing a serious injury accident while driving drunk or boating while impaired. The statutes define intoxication as testing 0.08 or more for blood alcohol concentration, or BAC. However, the police can arrest you for intoxication based on the officer’s judgment alone.
The injured party could be another driver, pedestrian, bicyclist, or even a passenger in your vehicle. The law does not require the injured party to press charges for you to face charges.
If you are the only party injured, there is no basis for an intoxication assault charge.
What Penalties Might I Face for a Grand Prairie Intoxication Assault Charge?
This offense is a felony of the third degree. In some cases, however, the prosecutor can pursue second-degree felony charges if you have prior convictions or if you injured a police officer, firefighter, or any other first responder while he was on duty.
Upon conviction for a third-degree felony charge, you will spend at least two years — and as long as ten years — in prison. You will also face up to $10,000 in fines and lose your driver’s license for up to two years. The judge may also impose probation, community service hours, and regular drug and alcohol testing once you are out of prison.
For a second-degree felony intoxication assault, you face up to 20 years in prison, $10,000 in fines, and a two-year suspension of your license.
Finally, you will have a permanent criminal record that anyone can access when running a background check on you. This will prevent you from obtaining or holding most types of professional licenses, and it may interfere with getting a job or even renting a home. And, with a felony conviction, you will lose your ability to vote, to own or possess a firearm, or even to hold a hunting or fishing license.
How Can an Intoxication Assault Lawyer Help Me?
Unless you are prepared to go to prison and suffer all the other penalties that accompany an intoxication assault conviction, you will have to fight the charges pending against you.
Ensuring You Understand the Charges Against You
Having an intoxication assault lawyer on your side will help to ensure the protection of your legal rights. Your DWI lawyer will also answer all your questions and ensure that you understand what the charges may mean for your life and your future. By helping you understand your options, your attorney will also help you make informed choices throughout the process.
When you choose the Law Offices of Randall B. Isenberg to represent you, you will have the peace of mind that your attorney understands the system and knows how the prosecutors build their cases.
Finding Flaws in the Prosecution’s Case
We can also spot any potential problems with the evidence in your case. For example, if the police violated your legal rights in some way, or if the police or BAC testing personnel made any mistakes with the evidence, your lawyer can use that information to negotiate with the prosecutor.
Flawed evidence can jeopardize the prosecution’s case. Consequently, we may convince the prosecutor to reduce or even dismiss your charges, rather than lose your case in court.
Challenging the Charges
If the prosecutor is not willing to budge, we will use our experience to build the strongest possible case to defend you in court.
One of the elements of intoxication assault that your lawyer may challenge is the statutory definition of intoxication assault, specifically the definition of “serious bodily injury” necessary to pursue this charge.
The statute describes this type of injury as life-threatening or posing the risk of long-term disability or impairment. If the injured party in your DWI accident does not meet the statutory requirements, we may use this as a negotiating tool with the prosecution, or as a way to establish reasonable doubt in the mind of a jury member.
Another strategy for defending you involves arguing that your actions did not cause the accident in question (being involved in an accident while intoxicated does not mean you caused the accident), or that the accident did not cause the victim’s injuries.
We may challenge the chemical testing evidence the prosecution will rely on to establish your level of intoxication, or make the case that your intoxication level did not meet the statutory minimum of 0.08 at the time of the accident — only at the time the police tested you.
We will base your defense strategies on the specific facts and details of your case. The important thing to keep in mind is that, even with BAC evidence, the prosecution has a high burden of proof to meet — and it is never guaranteed a conviction.
Talk to An Intoxication Assault Lawyer in Grand Prairie Today
When you search for an attorney to help you fight intoxication assault charges, look for someone who has experience with these charges and with the Grand Prairie court system.
Attorney Randall Isenberg brings more than 30 years of experience in the criminal justice field as a judge, prosecutor, and DWI accident lawyer. Consequently, he knows how the prosecution works and how to counter any argument it might make.
The Law Offices of Randall B. Isenberg offers free consultations, so you can learn more about your options and get all your questions answered. Contact us today to schedule your appointment: 214-696-9253.