If you injured someone while driving drunk, you will likely face intoxication assault charges, which involve significant fines, an extended jail sentence, and the suspension of your driver’s license.
The most effective way to fight these charges is with the help of an intoxication assault lawyer in Plano who understands how the system works, and who will protect your legal rights through every step of the criminal process.
Call the Law Offices of Randall B. Isenberg today get started: 214-696-9253.
What are the penalties intoxication assault in Texas?
Intoxication assault, according to the Texas Penal Code, occurs when a drunk driver causes an accident that results in serious bodily injury.
This is a third-degree felony offense in the State of Texas, unless aggravating factors were involved. In that case, the prosecutor can try you on second-degree felony charges.
The injured party could be someone in another car or on the sidewalk, but it might also be a passenger in your vehicle. This means that you can face charges even in a single-car crash.
The intoxicated assault statutes also apply to watercraft accidents.
If the state convicts you of third-degree felony intoxication assault, you can expect to face substantial penalties, including:
- Up to $10,000 in fines
- Court costs and fees
- 2 to 10 years in prison
- 6-month mandatory driver’s license suspension (up to 2 years)
- Community service
- Attendance at an alcohol education program
- Ignition interlock devices required for all your vehicles
- Supervised probation with periodic alcohol/drug testing
Some aggravating circumstances can result in stiffer penalties.
For example, if you have a drunk driving conviction that is less than five years old, your driver’s license suspension may extend to two years. If you have an open container of alcohol in the vehicle or a passenger below age 15, the prosecutor can increase the charges against you.
You may also face elevated charges (second-degree felony) if you harmed a peace officer, firefighter, or another first responder while performing her job.
Second-degree felony charges carry up to 20 years in prison.
Can you challenge intoxication assault charges?
It is possible to mount a successful challenge to intoxicated assault charges in Plano; however, unless you have an attorney who understands the system, it may be extremely difficult.
Depending on the circumstances of your case, an attorney from the Law Offices of Randall B. Isenberg may successfully negotiate the reduction or even the dismissal of your charges. Otherwise, we can take your case to court and present your defense.
Once we have reviewed the evidence in your case, we can recommend potential strategies for challenging the charges against you. Those strategies may include one or more of the following:
Admissibility of Evidence: In any accident that causes significant injury or death, the driver must submit to chemical testing to determine blood alcohol concentration (BAC). Your attorney can potentially argue the admissibility of chemical testing evidence if the police officer or chemical testing technician failed to follow proper protocols established by the Texas Administrative Code (TAC) and the National Highway Traffic Safety Administration (NHTSA).
Level of Impairment: The prosecutor must prove that you were driving while legally intoxicated, based on the statutory standards. Although BAC testing may prove that you were legally intoxicated, it may not necessarily show that you were impaired at the time of the accident. We can also determine whether your diet, oral hygiene products, or any medications you were taking could have resulted in a false reading.
Extent of Injuries: Texas state law, in defining intoxication assault, indicates that the victim must sustain serious bodily injury, creating significant risk of permanent disability, disfigurement, long-term impairment, or death. If the victim’s injuries do not qualify under the statutory definition, the prosecution may be willing to offer a lesser charge.
Proving Fault: The essence of the intoxication assault charge requires the prosecutor to prove beyond a reasonable doubt that you were at fault for the injury accident. Simply being involved in an accident does not prove fault for it. The prosecutor must prove that you were at fault and that the accident itself (not something else) was responsible for the victim’s injuries.
These are a few of the potential challenges your DWI assault attorney may use to help your case. Whatever your viable options may be, we can ensure that you understand your choices and what each one means to your case.
Will I be able to keep my license after an intoxication assault arrest?
When officers arrest you, the state will suspend your license. This starts the Administrative License Revocation (ALR) process. This proceeding determines the duration of your driver’s license suspension. If your attorney requests a hearing in time and is successful pleading your case, you will likely be able to keep your license.
The ALR process also allows your attorney to learn more about the evidence the prosecution has against you.
Note: You only have 15 days after your arrest to schedule your hearing. Be sure to call us immediately. If we do not schedule your hearing within that time, you face a minimum 6-month license suspension.
Schedule a FREE consultation with a Plano intoxication assault lawyer.
When your intoxication assault lawyer has the benefit of extensive experience as a trial judge and felony prosecutor in Texas, you are giving yourself a good chance to obtain the best possible outcome in your case.
Randall Isenberg of the Law Offices of Randall B. Isenberg has that experience. Contact our office today to see how Randall might be able to use that experience to help your case: 214-696-9253.