Intoxication assault under Texas Penal Code §49.07 is charged when a person operates a vehicle while intoxicated and causes serious bodily injury to another person. It is a third-degree felony carrying 2 to 10 years in prison and fines up to $10,000. Unlike a standard DWI, the state must also prove that intoxication caused the injury and that the injury meets the legal definition of serious bodily injury. These are two separate burdens that go well beyond the intoxication evidence alone. From arrest, two clocks run simultaneously: the criminal case and the ALR license fight. You have 15 days to request a hearing.
David Smith is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Brazoria County prosecutor. Intoxication assault cases involve a combination of toxicology evidence, accident reconstruction, and medical evidence that most criminal defense attorneys are not fully equipped to evaluate and challenge. He understands how the state assembles these multi-layered cases and where each layer is most vulnerable, starting with whether intoxication actually caused what happened, not just whether the driver had been drinking. Contact our firm today for a free consultation.
A standard DWI requires the state to prove intoxication and operation. An intoxication assault requires all of that plus two additional elements: that serious bodily injury occurred and that intoxication caused it. The causation element is where many of these cases are most vulnerable. If other factors contributed to the accident, such as road conditions, the other driver’s actions, or a mechanical failure, the state’s argument that intoxication was the cause becomes genuinely contestable. Board Certification in Criminal Law by the Texas Board of Legal Specialization is a credential that reflects the level of expertise this kind of multi-element case demands.
Our defense in intoxication assault cases addresses the toxicology evidence, the accident reconstruction, and the medical evidence independently and together. We focus on:
For an intoxication assault conviction in Texas, courts almost always order an Ignition Interlock Device (IID) as part of any sentence or plea agreement. An IID is a breath-testing instrument wired to your vehicle’s ignition that requires a clean breath sample before the engine will start. David Smith Law Firm has arranged access to SmartStart IID services for Houston-area clients, including a free first month for qualifying clients.
Choosing a dependable IID provider matters. Missed calibration appointments or any sign of tampering can trigger additional criminal charges or probation violations. SmartStart provides 24/7 support and is available throughout Houston and Harris County, making compliance straightforward for our clients.
