Intoxication Assault FAQs - Part 5

 Posted on July 19, 2024 in DUI/DWI

Intoxication assault is one of the more serious felony DWI charges. While simple DWI is usually a victimless crime, there is always an injured victim in intoxication assault cases. The fact that someone got hurt as a result of your drunk driving automatically makes your case far more serious than a simple DWI. Exactly how serious your charges are also depends on who got hurt. You could face harsher sentencing if you injured a first responder. If you are facing intoxication assault charges, you need an experienced Houston, TX DWI lawyer.

Whose Serious Injury Must the Intoxication Cause? 

Basically, anyone's serious injury other than the intoxicated motor vehicle driver's injury will do. Texas Penal Code Section 49.07 says only that the serious injury must be "to another." Thus, serious injury to an occupant of the intoxicated driver's own vehicle will do. So, too, will serious injury to a driver or other occupant of another motor vehicle. But so, too, will serious injury to a pedestrian, bicyclist, or motorcyclist. Basically, serious injury to anyone other than the intoxicated driver can be the basis for an intoxication assault charge under Texas Penal Code Section 49.07, if the intoxication caused the accident resulting in the injury.

What if My Intoxication Seriously Injured Only Myself? 

Prosecutors cannot charge you with the intoxication assault crime under Texas Penal Code Section 49.07 if the only person you seriously injured due to your intoxication is yourself. Thus, if you have one or more passengers in your own vehicle, none of whom suffer serious injury, but you do suffer serious injury from your intoxication-caused crash, you should not face an intoxication assault charge. The same would be true if you suffer serious injury in a collision that your intoxication caused with another motor vehicle, but the driver and any other occupants of the other vehicle do not suffer serious injury. You should not face an intoxication assault charge.

Does it Matter Who Gets Seriously Injured? 

Yes, it can matter who suffers the serious injury. Texas Penal Code Section 49.09(b-1) enhances the intoxication assault charge from a third-degree felony to a second-degree felony if the driver's intoxication injures a firefighter or emergency medical personnel acting in the discharge of their official duties. Texas Penal Code Section 49.09(b-1) enhances the intoxication assault charge from a third-degree felony to a first-degree felony if the driver's intoxication injures a peace officer or judge acting in the discharge of their official duties. Firefighters, police officers, and emergency medical personnel face special risks attending to persons injured along the public highways. When a drunk driver seriously injures one of those personnel, the drunk driver may face enhanced felony intoxication assault charges.

Contact a Harris County, TX Intoxication Assault Attorney

Murphy & McKinney Law Firm, P.C. takes on the most serious DWI cases with confidence. Dedicated Houston, TX felony DWI lawyer Doug Murphy is highly qualified in complex DWI defense. Contact us at 713-229-8333 for a complimentary consultation.