Intoxication assault is not simply a more serious DWI. It is a felony allegation involving an accident in which someone suffered a serious bodily injury. The charge is generally a third-degree felony, punishable by 2 to 10 years in prison, a fine of up to $10,000, and a permanent felony record.
If you're facing this particular charge, you're probably worried about the injured person and what will happen to you. The stakes are high. The person’s injuries can affect both the severity of the charge and how the case must be investigated. Travis County prosecutors may quickly gather blood or breath results, crash evidence, medical records, witness accounts, and statements made at the scene.
You need to act quickly, too. An early, careful investigation can identify problems with the State’s claims about intoxication, the severity of the injuries, or who actually caused the accident. Those details can significantly change the direction of your case.
Last reviewed: September 2026
Intoxication Assault Defense Attorney in Austin, Texas
If you are facing an intoxication assault charge in Travis County, you’re dealing with a serious felony that can change your life. You need to fight back.
The Austin DWI lawyer you choose matters. At Michael & Associates Criminal Defense Attorneys, your case is handled only by senior attorneys (we don’t hire junior associates) with more than 500 years of combined experience and over 1,000 jury trials. Our team includes former prosecutors and law enforcement, and we build every case for trial from day one.
According to internal 2025 data, our firm achieved favorable or partially favorable outcomes in approximately 65% of jury trials, with an outright win rate of 50%. That stands in sharp contrast to national conviction trends, where most criminal trials result in a conviction.
The leader of our Austin office, James Fletcher, is also an accredited DWI scientist, whose training allows us to challenge breath and blood testing, causation, and other technical evidence at a deeper level than most firms.
If you want a defense that’s strategic, evidence-driven, and ready for court, now is the time to act. Call now or request a free case review to start building your defense immediately.
What Is Intoxication Assault?
Under Texas Penal Code § 49.07, intoxication assault is a third-degree felony occurring when someone operates a vehicle, aircraft, or amusement ride while intoxicated and causes "serious bodily injury" to another person. It is also sometimes called “DWI with a serious bodily injury.”
Under Texas law, intoxication assault generally requires proof that:
- You were operating a vehicle, aircraft, or amusement ride in a public place
- You were intoxicated
- By reason of that intoxication, you caused serious bodily injury to another person
Because these cases typically arise from serious crashes, the investigation may involve several agencies and sources of evidence, including:
- The Austin Police Department commonly investigates crashes within the city limits of Austin.
- The Travis County Sheriff’s Office may handle incidents in unincorporated parts of Travis County or areas within its jurisdiction.
- The Texas Department of Public Safety may investigate crashes on state highways or in locations where its troopers have jurisdiction.
The investigation may end up involving more than one agency. Officers, crash investigators, emergency personnel, hospital staff, forensic laboratories, and the Travis County District Attorney’s Office may each create separate records that must be identified and reviewed.
How Do Travis County Prosecutors Try to Establish Causation?
It isn't enough for prosecutors to show that a driver was intoxicated and that someone was seriously injured. Under Texas Penal Code § 49.07, the State must prove that the serious bodily injury occurred “by reason of” the defendant’s intoxication.
Prosecutors may rely on crash reconstruction, driving behavior, witness accounts, video, vehicle data, toxicology evidence, and medical testimony. They may argue that intoxication caused delayed reactions, excessive speed, failure to brake, lane departure, or another driving error that produced the injury.
We can test whether that conclusion is supported by the evidence. Potential causation issues may include another driver’s conduct, an unavoidable collision, poor road design, weather, a mechanical failure, or an injury caused by something other than the alleged intoxication. The presence of alcohol or drugs does not, by itself, prove that intoxication caused the crash or the injury.
What Counts as “Serious Bodily Injury”?
A key element in intoxication assault cases is whether the alleged victim suffered “serious bodily injury,” as defined under Texas Penal Code § 1.07.
This typically means an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in long-term loss or impairment of a body part or organ. But not every injury from a DWI crash will necessarily constitute serious bodily injury under Texas law.
This issue is often contested and can play a central role in the defense. Injuries may be overstated, develop later, or be unrelated to the alleged intoxication.
Intoxication Assault Penalties in Texas
Intoxication assault is typically charged as a third-degree felony, but it can be enhanced depending on the facts.
Penalties include:
- 2 to 10 years in prison
- Up to $10,000 in fines
In certain situations, intoxication assault can be enhanced to a second-degree felony, which can carry up to 20 years in prison.
Additional consequences
- Driver’s license suspension
- Ignition interlock requirements or bond conditions in some cases
- Treatment or education requirements in some cases
- Permanent felony record
- Potential loss of firearm rights under federal law
What Evidence Is Used in an Austin Intoxication Assault Case?
Intoxication assault cases often turn on disputed evidence, including intoxication testing and whether the alleged injury was actually caused by impairment.
At the same time, these cases are rarely as straightforward as they first may seem. They often depend on technical evidence, assumptions about impairment, and whether the State can actually prove that intoxication caused the injury. Those details matter, and they are where strong defenses are built.
We can analyze:
Intoxication evidence:
- Blood testing
- Breath testing
- Standardized field sobriety tests (SFSTs)
- Body camera footage
- Toxicology reports
Crash and causation evidence:
- Crash reconstruction
- Vehicle event-data recorder
- Surveillance/dashcam
- Witnesses
- Cellphone evidence where relevant
- Road and weather conditions
Injury evidence:
- Medical records
- Imaging
- Physician testimony
- Prognosis
- Evidence of permanent impairment/disfigurement
A strong defense will analyze each carefully.
Can Intoxication Assault Charges be Reduced?
In some cases, yes, intoxication assault charges in Austin can be reduced, but it depends on the strength of the evidence and how early the defense gets involved.
Prosecutors in Travis County must prove intoxication, causation, and serious bodily injury beyond a reasonable doubt. Depending on the facts, weaknesses in the State's evidence may create grounds to seek dismissal, a reduction to a lesser charge, or another favorable resolution.
Early investigation, independent expert review, and a trial-ready defense strategy are often what create the leverage needed to negotiate a reduction.
What Happens After an Intoxication Assault Arrest in Travis County?
An intoxication assault arrest generally triggers a much more extensive investigation than an ordinary DWI case. Because prosecutors must prove both intoxication and that the defendant’s intoxication caused serious bodily injury, evidence may continue to develop for weeks or months after the arrest.
- Arrest, booking, and magistration: After an arrest, you will generally be booked and brought before a magistrate. The magistrate addresses probable cause, bail, and conditions of release.
- Bond conditions: Because intoxication assault is a felony involving an alleged serious injury, the court may impose conditions while the case is pending. Depending on the circumstances, these can include an ignition interlock device, restrictions on alcohol or controlled substances, testing or monitoring, travel restrictions, and other conditions.
- Ongoing investigation and evidence gathering: The investigation will likely continue after you leave jail. Police and prosecutors may collect body-camera footage, surveillance or dashcam video, witness statements, photographs, vehicle data, crash-reconstruction evidence, cellphone records when relevant, and other evidence concerning how the collision occurred.
- Toxicology and forensic testing: Blood or other biological samples may be sent for laboratory testing. Your defense attorney can examine how samples were collected, stored, transported, tested, and interpreted rather than simply accepting the reported result. This is where having access to an attorney with advanced forensic training, such as Austin attorney James Fletcher, can make a meaningful difference in reviewing laboratory evidence.
- Review of the alleged injuries: Medical evidence can be critical because § 49.07 requires "serious bodily injury," not merely proof that someone was hurt. Medical records, imaging, treatment history, prognosis, and evidence of permanent impairment or disfigurement may be important in determining whether the statutory requirement is satisfied.
- Travis County grand jury: Because intoxication assault is generally a felony, the Travis County District Attorney's Office may present the case to a grand jury. The grand jury determines whether there is probable cause to return an indictment. This makes the period before indictment potentially important for investigating evidence and identifying weaknesses in the State's theory.
- Pretrial motions and negotiations: If the case is indicted, the defense can continue investigating the crash and may challenge evidence through pretrial motions. Depending on the facts, disputes may involve the legality of a detention or blood draw, admissibility of statements, forensic testing, crash reconstruction, causation, or whether the injuries meet the legal definition of serious bodily injury.
- Negotiations or trial: Some intoxication assault cases are resolved through dismissal, reduction, or a negotiated disposition. Others proceed to trial. At trial, prosecutors must prove the required elements beyond a reasonable doubt, including that the defendant was intoxicated and that the serious bodily injury occurred by reason of that intoxication.
Early intervention can significantly impact how each step of the case develops.
Speak with an Austin Intoxication Assault Attorney Today
At Michael & Associates, we understand the lifelong ramifications a felony conviction can have, and we approach every intoxication assault case in Travis County with that in mind.
If you are facing intoxication assault in Austin or Travis County, early investigation can be critical. Our attorneys can examine the toxicology evidence, crash reconstruction, medical records, and the State's theory of causation while preparing the case for trial from the beginning.
When your future is on the line, the details matter, and so does having a defense team that knows how to use them. Contact us today for a free case review.
