The state of Texas imposes tough penalties for Driving While Intoxicated (DWI) that ends in bodily injury. If you are charged with intoxication assault, then you may face up to 10 years behind bars and a fine up to $10,000.
You do not need to face intoxication assault charges alone. A Plano intoxication assault lawyer from the Law Offices of Randall B. Isenberg may be able to defend your case.
We provide legal services for clients in intoxication assault cases. Our law firm is here to listen to your story, provide consultation, and help you with your case.
Call the Law Offices of Randall B. Isenberg today at (214) 696-9253 for a free case evaluation with a member of our team.
Defining an Intoxication Assault
Under Texas Penal Code § 49.07, intoxication assault refers to someone who injured another person as a result of operating machinery while intoxicated. Machinery may include a car, boat, aircraft, or an amusement ride.
To be convicted of intoxication assault in Texas, the prosecution must establish the following:
- The defendant was operating the machinery
- The defendant was intoxicated
- The assault took place in a public place
- The assault was caused by accident or by intent
- Intoxication was the reason the accident occurred
The courts may assign different degrees of felonies depending on the circumstances of the case or if you have previous DWI charges. For instance, your offense may become a second-degree felony if the victim is in a vegetative state or the victim is an emergency medical personnel.
Penalties for Intoxication Assault
If you are convicted of intoxication assault, you may face a wide range of punishments in Texas, including:
Imprisonment
A conviction for intoxication assault may result in no less than two years and no more than 10 years of imprisonment. How long you stay in prison may depend on the severity of the case.
Fines and Fees
You may pay a fine of up to $10,000. You may also have to court fees and other costs.
Probation and Community Service
Under Texas law, the court may impose a sentence of 160 to 600 hours of community service. The court may also enforce a probationary period once you get out of prison.
Additional Penalties
In addition to the penalties listed above, you may also face a suspension of your driver’s license, mandatory DWI education classes, random drug or alcohol testing, or an interlocking device installed on your vehicle.
If you are convicted of an intoxication assault charge, the conviction may remain on your record for life.
The Law Offices of Randall B. Isenberg defends people charged with intoxication assault in Plano. Call (214) 696-9253 to get a free case evaluation with a member of our team. A Plano intoxication assault lawyer from our firm may be able to represent you.
Defending Against an Intoxication Assault Charge
In an intoxication assault case, the prosecution must prove that you are guilty of the charges beyond any reasonable doubt. If the state fails to meet the burden of proof, then you may be acquitted of the charges.
The Law Offices of Randall B. Isenberg can work with you to formulate a defense strategy. We may be able to prove your innocence or reduce your sentence. We can explore different legal strategies, such as:
Challenging the Arrest Procedures
We may be able to challenge the state’s assertion that they had a reason to stop you and order you out of the car. We can look at the evidence to determine if the police officer violated any protocols or failed to read the Miranda rights. We can also look at whether you were coerced into making any statements.
Reviewing the BAC Tests
Blood alcohol concentration (BAC) tests are not always a reliable form of evidence. We may be able to question the testing procedure, the reliability of the equipment, and whether the person performing the test was qualified. If the state’s BAC test is found to be unreliable, then we can request that it be dismissed from your case.
Challenging Police or Witness Statements
The Law Offices of Randall B. Isenberg may be able to look at the statements made by police officers, witnesses, or the prosecution to see if they hold up to cross-examination.
We can review all evidence of the charges against you, too.
How an Intoxication Assault Lawyer Can Fight for Your Rights
Whether you are innocent of the charges against you or you are looking to reduce or drop the charges, a Plano intoxication assault lawyer from the Law Offices of Randall B. Isenberg may be able to represent you.
Our law firm may be able to provide the following legal services in your case:
- Offering you legal consultation and guidance
- Investigating your case to gather evidence in your defense
- Speaking with eyewitnesses and expert witnesses
- Engaging with all relevant parties on your behalf
- Developing a defense against the prosecution
Furthermore, we may be able to obtain evidence such as photos or videos of the accident, look at forensic reports, and review all documents related to the case.
If you hire us to represent you, the Law Offices of Randall B. Isenberg can manage your entire case throughout the litigation.
A Plano Intoxication Assault Lawyer May Be Able to Represent You
If you have been charged with intoxication assault in Plano, contact the Law Offices of Randall B. Isenberg. We may be able to provide legal representation for your case.
Call us today (214) 696-9253 for a free case evaluation with a member of our team.
