Intoxication assault is a type of Felony DWI that involves serious bodily injury. The definition of intoxication assault is listed in the section 49.07 of the Texas Penal Code. Intoxication assault shares these four elements of basic DWI charge, all of which must be proved for a conviction:
- A motor vehicle
- While intoxicated
- In a public place
For an intoxication assault, all of these above elements must be present. In addition, there must be one more showing: by accident or mistake, the person causes serious bodily injury to another person.
What is Serious Bodily Injury?
The statute defines serious bodily injury to mean “any injury that creates a substantial or unjustified risk of death or that causes permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.” In other words, it’s serious. Sometimes, the injury occurs to another motorist or a pedestrian. Sometimes, the ‘serious bodily injury’ impacts a friend or a family member who is riding inside the car of the defendant in a single car accident.
Intoxication Assault is a Third Degree Felony
An allegation of serious bodily injury greatly increases the DWI punishment. Basic DWI is a Class B misdemeanor. Intoxication assault is a third degree felony, and carries a range of punishment of two and 10 years of prison time, and up to a $10,000 fine. Because of the gravity of the charge, there will almost always be a Blood Draw in DWI cases with serious bodily injury. The law allows for a mandatory, warrantless blood draw.
No Intent is Required for DWI
The phrase ‘by accident or mistake’ signifies that the prosecution does not have to prove the driver had any intent whatsoever. All they have to show is that serious bodily injury occurred.
Have you been arrested for DWI or Intoxication Assault? Call my office: 817-689-7002. Come into the office for a free and confidential case evaluation. Our office is downtown: 108 Main Street, Fort Worth, TX,76102