If you are facing a drunk driving accident with injuries, you will also be charged with intoxication assault. In addition to a $10,000 fine, you will be sentenced to up to 20 years in prison. You also face probation, community service, and a permanent criminal record that will negatively affect your life in many ways. An intoxication assault lawyer in University Park can help you fight the charges.
The Law Offices of Randall B. Isenberg offers a free consultation and is ready to help you understand your options. Contact us at 214-696-9253 for help.
Potential Penalties for Intoxication Assault in University Park
Texas defines the crime of DWI as driving a vehicle in a public location without the mental or physical ability to do so safely. The police use breath or blood testing for blood alcohol concentration (BAC) to substantiate charges. Specifically, a BAC of 0.08 or above will lead to DWI charges.
If you drive while intoxicated and cause an injury accident, you will face intoxication assault charges. This will happen if the victim’s injuries were serious or life-threatening. Victims could be anyone who was injured as a passenger in your vehicle, another vehicle, a pedestrian, bicycle rider, or a bystander.
A conviction for intoxication assault carries severe penalties that can affect your life in many ways. Intoxication assault carries third-degree felony charges, punishable as follows:
- 2 to 10 years in prison
- Monetary fine up to $10,000
- Driver’s license suspension (up to 2 years)
You also face court costs and fees, probation, community service, and substance abuse counseling or rehab. You may have to pay restitution and install a breathalyzer ignition lock on your vehicle.
You will be looking at more serious charges if any of the following circumstances are present:
- You have previous DWI offenses
- You had an open container in your car
- You had a passenger under the age of 15
- The injured person was a first responder
- The injured person suffered permanent injuries
An intoxication assault conviction will leave you with a permanent criminal record, interfering with your ability to get a job, get into a good school, or hold a professional license.
You will also lose your driver’s license for up to two years. Once the suspension period ends, you must pay an annual fee of up to $2,000 for a total of three years to keep your license in good standing.
Benefits of Having an Intoxication Assault Lawyer in University Park on Your Side
Before you provide a statement to the police or prosecutor or enter a guilty plea, talk to an intoxication assault lawyer in University Park to explore your options. Attorney Randall Isenberg and the legal team at the Law Offices of Randall B. Isenberg will provide invaluable services that include the following:
Investigating and Documenting Your Case
We will put our network of resources to work for you investigating your case, obtaining accident reports, talking to witnesses, and gathering expert opinions to build a well-documented case. Our intoxication assault attorney will also look for potential errors in the prosecution’s evidence and violations of your legal rights.
Negotiating With the Prosecutor
We will negotiate with the prosecutor to get your charges reduced or dismissed. To support these negotiations, we will cite potential violations of your rights and other evidence we can use to introduce reasonable doubt of your guilt.
Handling Your License Suspension Hearing
In addition to the criminal portion of your case, you will face a separate driver’s license suspension hearing. This Administrative License Revocation hearing is your only opportunity to protest your license suspension. It also offers our legal team a first look at the prosecution’s evidence, which will help us craft the most effective legal strategies for your criminal defense.
Making a Strong Case for You
If the prosecutor will not reduce the charges against you, we will explore the possibility of making your case in court. We will build the most robust possible case for you, using legal strategies chosen specifically for you, based on the facts of your case.
Throughout the legal process, we will stand by you, protecting your legal rights and providing proactive communication.
Potential Legal Strategies for Fighting Intoxication Assault Charges
Our team will choose legal strategies based on our investigation and the specific details of your case. Fortunately, because the prosecutor must meet a high burden of proof to obtain a conviction, we have many options to choose from.
Some of the most common legal defense strategies for fighting intoxication assault charges include:
Accident & Injury Causation
To obtain a conviction for intoxication assault, the prosecutor must demonstrate that your intoxication caused the accident and the victim’s injuries. Simply being involved in the accident does not prove that your intoxication caused it. Road conditions, weather factors, vehicle failure, or human error could also be to blame.
The statutes clearly specify that, to qualify for intoxication assault charges, the victim’s injuries must have been life-threatening or resulted in permanent physical damage. Prosecutors often interpret this requirement loosely, however, and pursue intoxication assault charges even if the victim’s injuries do not meet the statutory definition.
Chemical Testing Accuracy
Both breathalyzer and blood testing for BAC can provide inaccurate results. Breathalyzer testing technicians must maintain certification. The equipment must be tested, calibrated, and maintained for accuracy. Many factors, including medication, food, drink, and personal care products, can lead to false-positive results. Even blood testing labs can make errors or contaminate samples in their possession.
Our team will consult subject matter experts, obtain photos and videos of the accident scene, interview witnesses, and take whatever steps necessary to make a strong case for your defense.
An Intoxication Assault Lawyer in University Park Can Help With Your Case
When you trust the Law Offices of Randall B. Isenberg with your case, you will benefit from Randall Isenberg’s experience, which includes over 30 years in the criminal justice system. He has served as both a state court judge and chief felony prosecutor, offering a unique level of insight into how prosecutors build their cases.
Before you give any statements or make any choices about your case, contact us for a no-cost, no-obligation consultation. We can answer your questions and help you choose the best option for your future.
Contact the Law Offices of Randall B. Isenberg today at 214-696-9253 for your free case review.