Texas DWI Intoxication Assault FAQs - Part 2

 Posted on June 18,2024 in DUI/DWI

Intoxication assault is a felony offense in Texas. The most common type of intoxication assault is when a drunk driver causes an accident and injures someone. This crime is far more serious than a simple DWI. If you are charged with intoxication assault, you could face more than a year in prison if you are convicted. It is important to have a well-qualified Houston, TX intoxication assault attorney defending your rights.

Would Slugging Someone Constitute Intoxication Assault? 

No. For a prosecutor to charge a defendant with intoxication assault under Texas Penal Code Section 49.07, the defendant must have been operating a motor vehicle or another qualifying piece of equipment (see the next answer). Simply striking another person with a fist while intoxicated would not constitute intoxication assault under Texas Penal Code Section 49.07.

Texas certainly charges other assault crimes, like punching or shooting someone without legal justification, under other penal code sections when those crimes do not involve a motor vehicle or qualifying piece of equipment. Some of those assaults could of course involve intoxication. But an assault, even an intoxicated assault, without a motor vehicle or other qualifying piece of equipment involved won't result in an intoxication assault charge under Texas Penal Code Section 49.07.

Intoxication assault is instead what Texas calls the DWI crime when the intoxication involves operating a motor vehicle or other qualifying pieces of equipment in a public place, with the intoxication causing another's serious injury.

Must a Motor Vehicle be Involved in Intoxication Assault?

No, certain other pieces of equipment will also do. Texas Penal Code Section 49.07 states that a defendant commits the intoxication assault offense when causing serious bodily injury "while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated." 

Motor vehicles are by far the most common piece of transportation equipment involved in DWI charges including intoxication assault charges. But operating an aircraft, watercraft, or amusement ride while intoxicated will also qualify for the intoxication assault crime when the intoxication causes serious bodily injury. Boating while intoxicated and operating an aircraft while intoxicated are other Texas crimes, even when they do not cause serious bodily injury.

But either driving a motor vehicle, operating a boat, operating an aircraft, or even operating an amusement ride, while intoxicated when intoxication causes serious bodily injury to another all qualify for the intoxication assault crime.

Contact a Harris County, TX Intoxication Assault Lawyer 

Murphy & McKinney Law Firm, P.C. is a practice devoted mainly to defending those charged with DWI and related offenses. Houston, TX intoxication assault attorney Doug Murphy is well-qualified in felony DWI defense. Contact us at 713-229-8333 for a complimentary consultation.