In Texas, intoxication assault is defined under Texas Penal Code Section 49.07 as follows:
Sec. 49.07. INTOXICATION ASSAULT. (a) A person commits an offense if the person, by accident or mistake:
(1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or
(2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.
(b) In this section, “serious bodily injury” means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(c) Except as provided by Section 49.09, an offense under this section is a felony of the third degree.
Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1999, 76th Leg., ch. 1364, Sec. 10, eff. Jan. 1, 2000.
Acts 2007, 80th Leg., R.S., Ch. 662, Sec. 2, eff. September 1, 2007.
Intoxication assault is a third degree felony, which means the penalty range is from 2 to 10 years in the state penitentiary, and up to a $10,000. Though it is possible to receive probation, by law, any probationary term for the offense of intoxication assault must include at least 30 days in the county jail. If convicted, you will also be ordered by the court to complete between 160 and 600 hours of community service. If you are granted probation, you will be required to report monthly, and pay a monthly probation fee. Typically, this fee is around $60 per month. Additionally, you will be court-ordered to attend VIP (a victim impact panel, administered by Mother’s Against Drunk Drivers), and an alcohol education course.
At Berlof & Newton, P.C., we will vigorously defend you against an allegation of intoxication assault. Call now for a free consultation. 214.827.2800. Or contact one of our lawyers directly using the “Get Legal Help Now!” free consultation request form in the left margin of this web page.