Each year, there are more than 100 million instances of people driving while under the influence of alcohol and/or illicit drugs. Most drivers who make the decision to get behind the wheel after a few drinks believe that they are fit to drive. This is typically not the case though. Fortunately, most people still get home safely. However, in the event that you get pulled over by law enforcement or get into an accident, you risk being charged with a Driving While Intoxicated (DWI) charge. Furthermore, if you get into an accident and it has been alleged that you have been drinking, you may be charged with a more serious offense called Intoxication Assault. Intoxication Assault charges bring with them the potential for jail time, significant fines, the loss of driving privileges, etc.
The State of Texas takes these charges seriously and will do what it can to convict you. If you have been charged with Intoxication Assault, it is imperative that you connect with an experienced assault attorney as soon as you can. They can help to ensure that evidence is preserved, the police officers on the scene follow proper protocol, blame for the accident is placed on the party that is truly responsible (if not you), etc. After an accident has happened in which you were intoxicated, it is important that you or a friend/family member immediately reach out to an assault attorney. Give the Intoxication Assault lawyers at Cole Paschall Law a call at (817) 477-4100 to schedule your initial consultation today.
How the State of Texas Defines Intoxication Assault
The State of Texas is clear in its definition of intoxication assault. According to the Texas Penal Code 49.07, a person commits intoxication assault if they do the following accidentally or by mistake:
- Operates a motor vehicle in a public place while under the influence, and causes serious bodily injury to another person due to their intoxication
- Operates an aircraft, watercraft, or amusement ride while under the influence, and causes serious bodily injury to another person due to their intoxication.
- Assembles a mobile amusement ride while under the influence, and as a result, causes serious bodily injury to another person.
It is important to note that “serious bodily injury” can include any injury that significantly increases the risk of death, loss of limbs, and/or permanent loss of function in limbs or organs.
Penalties of Intoxication Assault
Intoxication assault convictions are taken very seriously in Fort Worth. This is why it is imperative that you work with a reputable and proven Fort Worth assault attorney. Penalties for intoxication can range from 30 days of mandatory jail time, license suspension and fines. That is just from the first offense. If you are convicted of multiple offenses of intoxication assault within a five-year span, you could see those penalties increase significantly. Furthermore, when a peace officer, emergency medical personnel, etc. have been injured due to your driving while intoxicated, it could warrant a penalty of up to 20 years in jail and up to $10,000 in fines.
Defenses Against Intoxication Assault
Intoxication assault charges can be difficult to defend and with the right Fort Worth assault lawyer, hard to prove for the prosecutor. Before a conviction can be reached, prosecutors must be able to prove that you were operating a vehicle in a public space while under the influence of alcohol or illicit drugs. Additionally, they must prove without a doubt that the defendant’s BAC was either at or above 0.08% at the time of the accident. An experienced Fort Worth assault lawyer will attack these facts. Furthermore, the prosecution must prove that you were at fault for the accident. Whether or not your defense strategy will result in a reduction of charges or their dismissal will largely depend on their experience, capabilities, and knowledge.
Schedule a Free Consultation With Our Fort Worth Intoxication Assault Lawyer
As you can see, charges of intoxication assault are serious and can be damaging to your finances, career, family life, ability to drive, etc. If you are facing these allegations, it is important that you work with a qualified and experienced Fort Worth assault attorney. At Cole Paschall Law, we have 30 years of experience in defending our clients in similar cases. Do not wait. Remember, attorneys need time to research, investigate, and mount a credible defense.
