Texas has stringent drunk driving laws, and an intoxication assault charge carries life-altering consequences. Our Arlington intoxication assault lawyers can build your defense and advocate on your behalf.
We will not hesitate to represent you before a judge and jury, either. If you need help defending against an intoxication assault charge, we will be there for you every step of the way.
What Is Intoxication Assault?
Texas Penal Code § 49.07 states that an individual can be charged with intoxication assault if they are driving while intoxicated on a public road and cause an accident and serious bodily injury to another.
Generally speaking, intoxication assault is a third-degree felony. However, this charge can be made more severe depending on the injury’s severity and who was harmed. For example, this offense becomes a second-degree felony if the injury causes the victim to be in a vegetative state or if the injury is inflicted on a firefighter or emergency medical personnel while on duty. It is a first-degree felony if the injured is a peace officer or judge.
Consequences of an Intoxication Assault Conviction
Texas imposes harsh penalties for DWIs and intoxication assault. Specifically, an intoxication assault conviction can include the following penalties:
- 2-10 years in prison
- License suspension for 180 days – 2 years
- Fines up to $10,000
- Disqualification from voting and owning a gun
The Consequences Can Upend Your Life
An intoxication assault conviction can affect every aspect of your life. You may experience difficulty finding future employment, and you may even be obligated to report a criminal conviction to your current employer. You could also miss out on the opportunity to pursue academic studies, as many institutions will not admit prospective students who have criminal records.
Furthermore, your personal life can take a hit, too. Friends and family members may learn about your conviction, and a prison sentence can keep you away from loved ones. Colleagues and peers may exclude you from important events, as well.
You can even lose your driver’s license, making it difficult to commute to work or fulfill family obligations. Take your intoxication and assault charge seriously and get started on your defense immediately.
What Is the Difference Between DWI and Intoxication Assault?
A DWI and intoxication assault are two different charges that carry separate punishments if convicted. DWI and intoxication assault share key factors that must be proven for a conviction, such as having been operating a motor vehicle while intoxicated in a public place. In addition, for a conviction of intoxication assault, the accused person caused serious bodily injury to another individual by accident or mistake.
In both cases, you must submit to a breathalyzer or blood test, and refusal to do so will significantly impact your driving privileges. You can receive a 180-day license suspension for a first-time drinking and driving offense and a two-year suspension for second and third offenses.
What Can an Intoxication Assault Attorney Do for You?
An intoxication assault lawyer carries out many vital responsibilities that most defendants would grapple with on their own, including the following:
Keep Track of Legal Deadlines
Many actions in drunk driving cases have strict deadlines. For example, if you do not request access to police dashcam footage promptly, crucial evidence of police misconduct, if applicable, may be almost impossible to gather. Overall, there can be a myriad of motions that need to be filed in your case, and your lawyer will be prepared to submit these filings before their due dates.
Negotiate With Prosecutors
We can fight the charges against you. After investigating your case, we may discover that:
- You were not legally intoxicated at the time of the event (over the legal limit of .08%).
- Errors occurred during the traffic stop or ensuing police investigation, including breathalyzer and blood tests.
An Arlington lawyer from our firm can gather evidence to demonstrate that an intoxication assault charge is not warranted in your case. We may be able to negotiate plea bargains or alternatives to prison time.
Arlington Intoxication Assault Lawyer Near Me (214) 696-9253
Help With Expunging Your Conviction
Even if you have received a conviction, in some cases, an attorney can help you get it expunged so that it does not adversely affect future endeavors, such as finding employment. Expungement processes are particular to local and state courts, and an Arlington attorney who handles drunk driving cases will understand how to navigate them.
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Provide Responsive Legal Care
We understand that this is a very tense time for you. The consequences you face can feel overwhelming, and you will likely have many concerns. We will make ourselves available to answer your questions and explain the legal process every step of the way. We do not want you to feel left in the dark when so much is on the line. We pride ourselves on our client-focused approach.
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Provide Personalized Legal Care
We know that each case is unique, which is why we tailor our approach to each client. What works for one case will not work necessarily work for another. We can analyze the evidence in your case and the charges brought against you to build a defense. Our aim is to get your charges dismissed or reduced so you have the best outcome possible.
Work With an Arlington Intoxication Assault Attorney Today
If you have been charged with intoxication assault, an Arlington attorney can fight for the best possible outcome in your case. We can tailor a legal strategy to suit your specific circumstances.
Mr. Isenberg has more than 30 years of experience as both a former prosecutor and state district judge. He knows how to fight this serious accusation and strive for the outcome most favorable to you.