San Antonio Intoxicated Assault Lawyers
What Is Intoxication Assault?
Intoxication assault occurs when you accidentally cause serious bodily injury to another person, either while committing the act of boating while intoxicated (BWI), flying while intoxicated (FWI), or operating a motor vehicle while intoxicated in a public place (DWI). Serious bodily injury can be an injury that creates a substantial risk of death or that causes serious permanent disfigurement or impairment of the function of any bodily member or organ.
If you are facing intoxication assault charges, make sure you have a capable criminal defense lawyer on your side. In your time of need, choose LaHood Norton Law Group, PLLC.
How Is Intoxication Assault Different from Vehicular Manslaughter?
While both intoxication assault and vehicular manslaughter involve driving under the influence, the legal distinction comes down to the outcome of the crash. Intoxication assault applies when someone suffers serious bodily injury, meaning they survive but may be left with lasting harm, such as disfigurement or loss of function. Vehicular manslaughter, on the other hand, is charged when intoxicated driving directly results in someone’s death.
The penalties reflect the differences in the outcome. Intoxication assault is typically a third-degree felony, while intoxication manslaughter is a second-degree felony with far steeper sentencing ranges. Prosecutors often pursue the more serious charge if there’s any indication the injuries led to or could lead to death. In some cases, charges can even change mid-investigation if a victim’s condition worsens. Though both charges carry serious consequences, intoxication manslaughter raises the stakes even higher, both in terms of prison time and long-term consequences on a person’s record.
What Are the Penalties for Intoxication Assault in Texas?
According to Texas Penal Code §49.07, if you are found guilty of intoxication assault, as a condition of bond, the court will require you to install a vehicle ignition interlock device on your car, and you will not be allowed to operate a motor vehicle without one. Also, the court will order you to abstain from using alcohol and any controlled substance without a prescription. The court may also enforce this order by mandating random drug testing.
What Does Serious Bodily Injury Really Mean Under Texas Law?
Texas defines “serious bodily injury” as an injury that creates a substantial risk of death, causes death, or results in serious permanent disfigurement. This is more than just bruises and broken bones; it refers to lasting, life-altering harm.
For example, if a person sustains a spinal cord injury in a crash and loses the ability to walk, that qualifies as serious bodily injury. So does permanent nerve damage that results in the loss of use of a hand, or a severe facial injury that leaves someone disfigured. A traumatic brain injury (TBI) that leads to memory loss, impaired motor skills, or difficulty speaking would also meet the definition, even if the person appears outwardly unharmed.
The law also considers internal injuries, such as organ damage from blunt-force trauma, or injuries that put someone in a coma or persistent vegetative state, as serious. These are the kinds of injuries that can trigger felony charges under the intoxication assault statute.
Can You Be Charged If the Victim Was a Passenger in Your Own Car?
In Texas, you absolutely can be charged with intoxication assault, even if the injured party was a passenger in your own vehicle. Texas law doesn’t care about the relationship between the driver and the injured person; it only cares about whether or not serious bodily harm occurred as a result of an intoxicated person operating a vehicle. That means if your friend, partner, or family member is hurt in the crash, the charges still apply.
Prosecutors may be especially aggressive in these cases because of the potential emotional angle. The law focuses on harm caused, not intent or familiarity. Even if the passenger voluntarily got in the car knowing you had been drinking, that won’t stop the state from pressing charges. From a legal standpoint, the fact that the victim knew or trusted you doesn’t change the core elements of the offense. The law only cared about your intoxicated operation of your vehicle.
What Happens If the Injured Person Is a Minor?
If a minor is the injured party in an intoxication assault case, the situation becomes even more serious. Texas law takes this circumstance seriously, especially when a child sustains lasting harm like a traumatic brain injury or protracted loss of function. Prosecutors often pursue harsher penalties, and the presence of a minor victim may influence sentencing decisions or lead to additional felony charges.
If the minor suffers catastrophic consequences such as entering a persistent vegetative state, the court may be less inclined to offer leniency. A conviction could result in felony DWI classification, long-term driver’s license suspension, and other severe penalties.
Can You Be Sued in Civil Court for the Same Criminal Incident?
The criminal and civil systems operate independently, and each serves a different purpose. Criminal court focuses on punishing the offense by determining guilt and assigning penalties like prison or probation. Civil court, on the other hand, is about compensating the victim for the harm they suffered.
A person injured in a DWI-related crash can file a personal injury lawsuit against the driver, even if that driver is already facing criminal charges. The civil case doesn’t rely on the outcome of the criminal trial. Civil lawsuits require a lower burden of proof. While a criminal conviction requires guilt ” beyond a reasonable doubt,” civil liability only needs to be proven by a “preponderance of the evidence.”
That means someone could be found not guilty in criminal court but still be held financially responsible in civil court for medical bills, lost wages, and other economic and non-economic damages.
Get Representation for Your Intoxication Assault Case in TX
If you are up against the criminal justice system and need someone to turn to, choose LaHood Norton Law Group, PLLC. With former prosecutors and board-certified defense lawyers on our team, we are prepared to represent you effectively. You can count on our San Antonio intoxication assault lawyers to vigorously defend your rights and fight for your future.
