Driving while intoxicated (DWI) is often a misdemeanor offense in Texas, but alleged offenders who cause crashes resulting in serious bodily injury to another person can be charged with the felony offense of intoxication assault. Prosecutors aggressively seek maximum punishments for alleged drunk drivers who are accused of harming others.
Proof of a culpable mental state is not required for a jury to convict an alleged offender of intoxication assault. Criminal charges can be enhanced in certain circumstances.
Attorney for Intoxication Assault Arrests in Fort Worth, TX
Were you recently arrested for an alleged intoxication assault anywhere in the DFW area? Do not make any kind of statement to authorities until you have first contacted Townsend, Gebhardt & Eppes, PLLC.
Andrea Townsend, Steven Gebhardt, and Brian Eppes are experienced criminal defense lawyers in Fort Worth who represent clients accused of all kinds of DWI-related crimes in Weatherford, Fort Worth, Cleburne, Arlington, and many surrounding areas of Tarrant County, Parker County, and Johnson County. Call 817-502-3600 to have our attorneys provide a complete evaluation of your case during a free initial consultation.
Overview of Intoxication Assault Crimes in Tarrant County
- When can a driver be charged with this offense?
- How long can alleged offenders be sentenced to prison if convicted?
- Where can I find more information about intoxication assault in Fort Worth?
A person commits the crime of intoxication assault under Texas Penal Code § 49.07 if he or she, by accident or mistake:
- While operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or
- As a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.
For the purposes of this statute, serious bodily injury is defined as an “injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.” Texas Penal Code § 49.01(2) defines “intoxicated” as meaning:
- Not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
- Having an alcohol concentration of 0.08 or more.
In most cases, intoxication assault is a third-degree felony. Under Texas Penal Code § 49.09, however, intoxication assault can become a second-degree felony if the alleged offender caused serious bodily injury to a peace officer, a firefighter, or emergency medical services personnel while in the actual discharge of an official duty or caused serious bodily injury to another in the nature of a traumatic brain injury (TBI) that results in a persistent vegetative state.
Third-degree felony convictions for intoxication assault are punishable by up to 10 years in prison and/or a fine of up to $10,000. A second-degree felony conviction may result in up to 20 years in prison and/or a fine of up to $10,000.
Intoxication assault arrests can also result in alleged offenders having their driver’s licenses suspended for up to two years. Some people may also be ordered to install ignition interlock devices (IIDs) on all vehicles they own or operate, complete a mandatory drug and/or alcohol treatment program, and/or submit to random drug and/or alcohol testing.
In addition to the possible punishments for intoxication assault offenses, alleged offenders may also face additional penalties for related criminal charges. Some of the most common traffic crimes that people are accused of in addition to intoxication assault include—but are not limited to—the misdemeanor offense of reckless driving or the third-degree felony offense of leaving the scene of an accident.
Texas Department of Public Safety (DPS) | Alcohol Related Offenses — Visit this section of the DPS website for information about alcohol-related offenses and the associated penalties for convictions. You can learn more about license reinstatements following suspensions for intoxication assault offenses. DPS has three office locations in the Fort Worth:
Fort Worth Driver License Center
8301 Brentwood Stair Rd.
Fort Worth, TX 76120
Fort Worth East
Charles F. Griffin Sub-Courthouse
3500 Miller Ave.
Fort Worth, TX 76119
Fort Worth South
6413 Woodway Dr.
Fort Worth, TX 76133
Texas Department of Transportation (TxDOT) | Crash Reports — On this section of the TxDOT website, you can learn how to access crash reports. You can also find statistics for alcohol-related accidents. The Fort Worth District of TxDOT plans, designs, builds, operates and maintains the state transportation system in Erath County, Hood County, Jack County, Johnson County, Palo Pinto County, Parker County, Somervell County, Tarrant County, and Wise County.
Fort Worth District
2501 SW Loop 820
Fort Worth, TX 76133
Townsend, Gebhardt & Eppes, PLLC | Fort Worth Intoxication Assault Defense Lawyer
If you were arrested in the DFW area for an alleged intoxication assault, it is in your best interest to immediately retain legal counsel. Townsend, Gebhardt & Eppes, PLLC defends individuals in communities all over Tarrant County, Parker County, and Johnson County, such as Cleburne, Arlington, Fort Worth, Weatherford, and many others.
Fort Worth criminal defense attorneys Andrea Townsend, Steven Gebhardt, and Brian Eppes understand the complexity of these types of cases and can fight to help you achieve the most favorable resolution to your own case. They can review your case and discuss all of your legal options when you call 817-502-3600 or fill out an online form to take advantage of a free, confidential consultation.