If you’ve been charged with intoxication assault in Austin, you’re facing a serious felony involving allegations of intoxication, a crash, and serious bodily injury. An experienced Austin intoxication assault lawyer can investigate not only whether you were legally intoxicated, but whether intoxication actually caused the crash and whether the alleged injuries meet Texas' definition of serious bodily injury.
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 charge's severity and how the case is 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 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%. Past results do not guarantee a similar outcome in any individual case.
Our Austin defense team brings diverse experience to the table. Dan Dworin is Board Certified in Criminal Law by the Texas Board of Legal Specialization and has nearly 30 years of criminal defense experience. James Fletcher has earned the ACS-CHAL Lawyer-Scientist designation, giving our team advanced forensic training that can be particularly valuable in intoxication-related cases. Senior Trial Attorney Dax Garvin brings another perspective. Before becoming a criminal defense attorney, Dax served as a Williamson County deputy sheriff, where his work included patrol, investigations, evidence collection, and suspect interviews. These diverse backgrounds help our team evaluate not only what police say happened, but how an investigation was conducted and where mistakes or weaknesses may exist.
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 that occurs 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 involve 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.
What Does “Intoxicated” Mean in an Intoxication Assault Case?
Under Texas Penal Code § 49.01, a person can be considered legally intoxicated in two ways:
- Having an alcohol concentration of 0.08% or higher, or
- Not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug, a combination of substances, or another substance introduced into the body.
That means an Austin intoxication assault case does not necessarily involve alcohol or a BAC of 0.08% or higher. A person may be accused of intoxication based on marijuana, prescription medications, illegal drugs, or a combination of drugs and alcohol if prosecutors claim the substance caused a loss of normal mental or physical abilities.
In a drug-related intoxication assault case, there is no universal numerical threshold comparable to the 0.08% BAC standard for alcohol. As a result, toxicology results, body-camera footage, driving behavior, field sobriety testing, witness observations, medical records, and expert interpretation of the evidence can be especially important in determining whether the State can prove intoxication.
What If I Was Intoxicated but Didn't Cause the Crash?
Intoxication alone is not enough for an intoxication assault conviction. Texas Penal Code §49.07 requires the State to prove that the serious bodily injury occurred “by reason of” the defendant's intoxication. If another driver or another factor caused the crash, the State may struggle to prove this element beyond a reasonable doubt.
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.
| Charge | Classification | Potential punishment |
|---|---|---|
| Standard intoxication assault | Third-degree felony | 2–10 years and up to $10,000 |
| Serious bodily injury to an on-duty firefighter or EMS personnel | Second-degree felony | 2–20 years and up to $10,000 |
| Serious bodily injury to an on-duty peace officer or judge | First-degree felony | 5–99 years or life and up to $10,000 |
Under Texas law, the punishment can increase when the injured person is performing certain public duties. Texas Penal Code § 49.09 establishes that intoxication assault is elevated to a second-degree felony when the defendant causes serious bodily injury to a firefighter or emergency medical services personnel while that person is performing an official duty.
It becomes a first-degree felony when the serious bodily injury is caused to a peace officer or judge performing an official duty.
Can You Get Probation for Intoxication Assault in Texas?
Yes, community supervision, commonly called probation, may be possible in some Texas intoxication assault cases. Eligibility depends on factors including the defendant's criminal history and how punishment is assessed.
However, probation does not mean avoiding incarceration altogether. Under Texas Code of Criminal Procedure Article 42A.401, when a judge grants community supervision following an intoxication assault conviction, the defendant must serve at least 30 days in county jail as a condition of community supervision.
There is also an important distinction between regular community supervision and deferred adjudication. Under Texas Code of Criminal Procedure Article 42A.102, deferred adjudication is not available for intoxication assault under Texas Penal Code § 49.07.
Other conditions of community supervision may include alcohol or drug evaluation and treatment, community service, regular reporting, restrictions involving alcohol or controlled substances, and ignition interlock requirements. Whether probation is available or realistic in a particular case depends on the defendant's eligibility, the evidence, the injuries, the crash circumstances, and the final resolution of the charge.
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.
Where Is an Austin Intoxication Assault Case Handled?
Because intoxication assault is a felony, cases arising in Austin are generally prosecuted by the Travis County District Attorney's Office and handled in the Travis County Criminal District Courts.
The criminal district courts are located at the Blackwell-Thurman Criminal Justice Center, 509 W. 11th Street in downtown Austin. After a felony case is filed, it is assigned a cause number and courtroom. Travis County felony cause numbers generally begin with “D-1-DC.”
An intoxication assault case may also be presented to a Travis County grand jury before proceeding as an indicted felony. The grand jury process and the other major stages of a Travis County intoxication assault case are explained below.
Knowing where the case is handled is only part of the local picture. Evidence may come from Austin-area law enforcement agencies, forensic laboratories, medical providers, crash investigators, and prosecutors. An Austin intoxication assault lawyer can begin identifying and preserving that evidence while the case is still developing.
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 an intoxication assault charge in Austin, Pflugerville, Lakeway, Bee Cave, West Lake Hills, Rollingwood, Sunset Valley, or elsewhere in Travis County, early investigation can be critical. Our attorneys can review toxicology evidence, crash reconstruction, medical records, and the State's theory of causation while preparing the case for trial from the start.
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.
