If you were recently arrested for intoxication assault, you may wonder what these charges mean and about the potential consequences you face. These are serious charges that you can retain a Mesquite intoxication assault lawyer to help you fight.
Randall B. Isenberg has more than 30 years of experience in the legal system, including several years as a former Senior Chief Felony Prosecutor and State District Trial Judge. This experience gives him unique insight into all perspectives of the criminal justice system. He will leverage his knowledge to protect your rights.
Contact the Law Offices of Randall B. Isenberg at (214) 696-9253 to learn more about how we can help.
Texas Law Regarding Intoxication Assault
If you cause “serious bodily injury” to another person because you were intoxicated while operating a motor vehicle, aircraft, watercraft, or amusement ride, you can be charged with the crime of intoxication assault under Section 49.07 of the Texas Penal Code. Serious bodily injury is specifically defined under the law as an injury that:
- Creates a substantial risk of death
- Causes serious permanent disfigurement
- Causes protracted loss or impairment of the function of an organ or bodily member
If you are facing charges for this offense, contact our firm today to learn about how we can develop a tailored defense strategy that is specific to your case.
Potential Penalties for Intoxication Assault
Intoxication assault is classified as a third-degree felony in Texas. The Texas Politics Project states that such a charge carries with it the following potential penalties:
- Up to $10,000 in fines
- 2 to 10 years imprisonment in the Texas Department of Criminal Justice
If the serious injury causes the victim to suffer a vegetative state or the victim is a firefighter, emergency medical personnel, or peace officer, the charge can be elevated to a second-degree felony.
Intoxication assault is a DWI-related charge, so you may face additional charges and separate penalties, such as enhanced penalties if your blood alcohol concentration was above certain levels.
If convicted of this offense, you may have to install an ignition interlock device on your vehicle. In the event of this, you would not be able to start your car if the device detects alcohol on your breath. You may also face increased insurance premiums and a lack of transportation that can jeopardize your job and livelihood. Speak to a team representative at the Law Offices of Randall, B. Isenberg at (214) 696-9253 today.
Intoxication Assault vs. DWI
Intoxication assault and DWI are similar criminal charges that are based on operating a motor vehicle while intoxicated in a public place. You may face both of these charges if you were intoxicated and this caused an accident resulting in serious bodily injury. If there was no injury, you would not face charges for intoxication assault.
How We Can Help
If you are charged with the serious offense of intoxication assault, your Mesquite intoxication assault lawyer will assess the applicability of a variety of defenses, such as:
In order to convict you of intoxication assault, the prosecution must prove that you were, indeed, intoxicated. This can generally be shown by one of the following ways:
- A blood or breath test showing your blood alcohol concentration at or above 0.08%
- Evidence that you were not in control of your physical faculties as a result of drinking at the time of the accident
- Evidence that you were not in control of your mental faculties as a result of drinking at the time of the accident
No Causal Connection
Even if you had been drinking, the prosecutor must prove by proof beyond a reasonable doubt that your intoxication caused the accident. The accident may be to blame because of other factors, such as the other driver:
- Texting while driving
- Not paying attention
- Not obeying traffic signals or signs
We will investigate the accident and determine if something other than your drinking caused the accident.
If you were also injured in the accident, Texas privacy laws dictate how you are treated. If you instruct the hospital not to take a blood test, this can potentially guard against the police from obtaining a blood sample. If police try to force you to give a blood sample or take it without your permission, we may be able to move to have this evidence suppressed due to an illegal seizure.
In cases involving charges of intoxication assault, there may be any potential ways that law enforcement may have violated your constitutional rights, such as:
- The responding officer failed to render medical aid to you when you were injured
- Law enforcement failed to read you Miranda rights
- The law enforcement officer conducted an illegal search
- Law enforcement tried to coerce you into confessing
Improper Administration or Inaccurate Results
If the prosecution has evidence in the form of a blood or alcohol test showing your BAC was above the legal limit, this can be very damaging to your case. However, there may have been problems with how law enforcement or medical personnel administered these tests or issues that call the credibility of the results of the test into question. Some examples may include:
- Not calibrating a breathalyzer machine properly
- Not servicing the breathalyzer machine
- Not administering the test correctly
- Mixing up test results from different patients
- Not considering medical conditions that can provide inaccurate results
Your lawyer may be able to challenge the evidence and testimony of the prosecution’s witness to raise reasonable doubt.
Contact Us to Learn More
If you were involved in a motor vehicle accident and were charged with intoxication assault, a Mesquite intoxication assault lawyer from Randall B. Isenberg can help. Attorney Isenberg may use his previous experience as a prosecutor and a judge to exploit weaknesses in your case. We can discuss your rights and possible defenses.
Contact our team today at (214) 696-9253 to learn more about how we can help.