Intoxication Assault Lawyer in Denton
A drunk driving car accident can lead to intoxication assault charges. This is a felony offense that can send you to prison for a minimum of two years—or as long as a decade.
In addition, you will face substantial fines and lose your driver’s license for at least one year. With a felony conviction on your permanent record, an intoxication assault conviction can haunt you for the rest of your life.
The Law Offices of Randall B. Isenberg can help. Attorney Randall B. Isenberg, with a 30-year background as a DWI attorney, state judge, and felony prosecutor, has unique insight into the Texas criminal justice system.
Let us put that knowledge and experience to work for you. Call us today at 214-696-9253 for a free consultation with an intoxication assault lawyer in Denton.
What Is Intoxication Assault?
Texas state law defines intoxication assault as accidentally causing a car crash that results directly in serious bodily injury to another person. The injured person could be a passenger in your vehicle or another vehicle involved in the accident, or even a pedestrian or bystander.
The statutory blood alcohol concentration (BAC) that defines driving while intoxicated is 0.08.
The intoxication assault statutes do not just apply to driving a motor vehicle. You can also face penalties under this law if you were operating a boat, flying a plane, or running a carnival or amusement park ride for the public.
How Will an Intoxication Assault Conviction Affect Me?
For a basic intoxication assault offense, the prosecutor will pursue third-degree degree felony charges, which carry penalties like a mandatory minimum prison sentence of two years—up to a total of 10 years behind bars. You will also face fines up to $10,000, a driver’s license suspension, community supervision, community service, and a mandatory alcohol education program.
You will have to pay an annual surcharge of up to $2,000 for three years to reinstate your license after the suspension. If you have a prior drunk driving conviction in the past five years, your license suspension period will extend to two years and you will likely have to install an interlock device on your vehicles.
If your BAC registered at 0.15 or above, if you had a passenger under age 15 in the car with you at the time, or if police found an open container of alcohol in your vehicle, you will face additional charges.
A felony conviction remains on your record permanently, visible to anyone who runs a background check on you. In addition, you must answer in the affirmative if anyone asks—on an employment application, for example—if you have a felony conviction.
This means you cannot hold many types of professional licenses or even hold a state fishing or hunting license. Potential employers and landlords can use your record as grounds for denying you a job or a rental house.
If you want to avoid these extreme consequences, you must consider fighting the charges pending against you. Our attorneys can help you with this process.
How Will an Intoxication Assault Lawyer Fight My Charges?
Unless you elect to enter a guilty plea and accept the consequences, you have several options for fighting your intoxication assault charges. We can explain your options and help you determine the best possible course of action for you during a free consultation about your case. After examining the evidence in your case and investigating the facts surrounding your DWI car accident, our criminal defense team can determine the best way to fight your charges.
Any potential problems with evidence or police errors can provide an avenue for our team to negotiate with the prosecution to have your charges reduced or dropped.
One common strategy our legal team may use is to argue fault with the chemical testing that established your BAC. All BAC testing must comply with the chemical testing procedures and guidelines from the National Highway Traffic Safety Administration (NHTSA) and the Texas Department of Public Safety (DPS).
For example, the DPS regulations require all testing instruments, such as a breathalyzer, be duly certified. Likewise, testing technicians must undergo training and obtain certification to administer a breathalyzer test. Blood testing labs must also meet strict standards for how they collect and analyze samples. Any lapse in protocol or violation of the regulations can provide grounds for our legal team to petition the court to disallow the BAC testing evidence in your case.
Even if the chemical testing evidence stands, the prosecutor must prove that you exceeded the legal limits for intoxication at the time of the accident.
The prosecutor must also prove your intoxication led directly to the DWI accident in question. Even if you were legally intoxicated when you became involved in a car crash, the prosecutor must prove that you caused the accident because you were legally intoxicated.
Our team may also explore the question of whether the drunk driving accident truly caused the victim’s injuries. Even though they got caught up in the crash, the prosecutor must prove their injuries resulted directly from the accident and not some other cause.
Finally, our legal team may challenge the severity of the victim’s injuries. The victim must have sustained serious bodily harm, permanent damage, or a life-threatening injury for the incident to qualify as intoxication assault. Even if the victim’s injuries fail to meet the statutory guidelines, the prosecutor may have filed intoxication assault charges.
We will design your defense strategy to ensure the best possible outcome for you based on the facts of your case.
Meet With an Intoxication Assault Lawyer in Denton for Free.
If you currently face intoxication assault charges in Denton, the Law Offices of Randall B. Isenberg will provide you with a no-cost, no-obligation consultation and case review.
Before you make any decisions in your case, allow us to show you how we can help you fight these serious charges. Contact us today at 214-696-9253 to speak with an intoxication assault attorney in North Texas.