Under Texas Penal Code § 49.07, intoxication assault is charged when a person drives while intoxicated and, by accident or mistake, causes another person serious bodily injury because of that intoxication.
If you've been charged with intoxication assault in Houston, don't treat it as a regular DWI case involving a crash. It's a third-degree felony charge that can affect your freedom, job, driver's license, and even immigration concerns, among other things. If you're convicted of this felony DWI, it can also affect your firearm rights.
Houston Intoxication Assault Lawyer
Since an intoxication assault case is more serious than a misdemeanor DWI case, it's highly recommended to get help from an experienced DWI attorney.
Michael & Associates Criminal Defense Attorneys can help review all the details of your case, from the events leading up to the collision and crash investigation to the chemical testing and medical evidence.
Our defense lawyers prepare DWI-related cases with trial in mind. Although results vary for each case, our internal 2025 data shows a 63.6% win rate across DWI jury trials, including acquittals, dismissals, and directed verdicts.
What Is Intoxication Assault in Houston?
Intoxication assault is a serious crime under Texas Penal Code § 49.07. It happens when a person operates a motor vehicle in a public place while intoxicated and accidentally or mistakenly causes serious bodily injury to someone else.
Prosecutors must prove all the following elements in an intoxication assault case:
- Intoxication: The accused had a BAC of 0.08 or higher, or lost normal control over mental or physical abilities due to alcohol, drugs, medication, or other controlled substances.
- Operation: The intoxicated person either operated a boat, plane, amusement ride, or motor vehicle in a public place, or assembled a mobile carnival ride.
- Serious bodily injury: Due to intoxication, the accused caused serious bodily injury to another person by mistake or accident.
What Counts as Serious Bodily Injury in Houston?
The definition of serious bodily injury under Penal Code § 49.07 focuses on the severity of the injury as well as its lasting effect on the person.
If an injury creates a considerable risk of death or causes serious permanent disfigurement or long-term loss or impairment of the function of any body part or organ, then that's considered serious bodily injury in intoxication assault cases.
An injury can be considered "serious" if there is a:
- Risk of death
- Major physical disfigurement or permanent scarring
- Long-term or permanent damage to a body part or internal organ
Some examples of serious bodily injury include:
- Severe brain injury
- Long-term loss of vision or mobility
- Spine damage that impairs movement
Is Intoxication Assault Different From a Regular DWI?
Yes, intoxication assault is not the same as a standard DWI in Texas. A regular DWI charge under Texas Penal Code § 49.04 focuses mainly on whether the accused operated a motor vehicle in a public place while intoxicated.
On the other hand, intoxication assault is a felony DWI because it involves serious bodily injury. But it's not as simple as being intoxicated while driving and causing serious bodily injury. Even if a person got seriously injured, prosecutors must still prove that the alleged intoxication of the accused caused the serious bodily injury.
What Are the Penalties for Intoxication Assault in Houston?
Facing a felony charge is really scary, especially if you don't know what the penalties are and how it can affect your life.
Third-Degree Felony
A standard intoxication assault case starts as a third-degree felony. You could be looking at:
- 2 to 10 years in prison
- A fine of up to $10,000
In some situations, the charge can be elevated to a more serious level.
Second-Degree Felony
If the person who got seriously injured in the intoxication assault case was a firefighter or emergency medical services (EMS) worker doing their job at the time of the accident, the charge is escalated to a second-degree felony. The penalties can include:
- 2 to 20 years in prison
- A fine of up to $10,000
Note: The same charge may also apply if the injury was a traumatic brain injury that left the victim in a long-term vegetative state.
First-Degree Felony
If the seriously injured person was a police officer or judge performing their duties, the charge is elevated to a first-degree felony. The punishment range is even more serious:
- 5 to 99 years or life in prison
- A fine of up to $10,000
Important: If someone dies due to the alleged intoxication, prosecutors may charge you with intoxication manslaughter under Texas Penal Code § 49.08 rather than intoxication assault.
How Does Causation Affect Intoxication Assault Cases in Houston?
In an intoxication assault case, causation is usually the most important element. What this means is that the prosecutors must prove that the alleged intoxication of the accused caused the other person's serious bodily injury.
So, for an intoxication assault case, it's not enough for the State to show evidence that you had alcohol or drugs in your system. The prosecutors must be able to make a meaningful connection between your alleged intoxication, the accident/crash, and the serious bodily injury.
Possible Defense Strategies in Intoxication Assault Cases
Actual injuries, evidence, witness statements, and other factors may vary with each case. But your defense attorney may possibly cite other explanations for the crash or collision, such as:
- A medical emergency
- Mechanical or tire failure
- Bad road surface conditions
- Another driver's bad driving
- Sudden braking or unsafe lane changes
- Bad weather causing poor road visibility
Important: Never assume that the police report is 100% accurate. Have your lawyer review all evidence and facts of the case to help you come up with the best possible defense strategy.
Helpful DWI Resources
- Harris County Sheriff’s Office Inmate Search: You can use this to check whether a person is in Harris County custody after an arrest.
- Harris County Pretrial Services: Offers information about pretrial release, personal bonds, court-ordered conditions, and compliance monitoring in Harris County.
- Harris County Criminal District Courts: Provides court locations, judge and staff contacts, and court information for Harris County felony criminal courts.
Consult an Intoxication Assault Lawyer in Houston
The stakes are much higher in an intoxication assault case compared to a standard DWI. Apart from police reports and breath or blood testing, the evidence may also involve hospital records and witness statements and theories about how the collision happened.
To challenge this felony case in Houston, you need the help of an experienced DWI defense attorney. Our DWI team at Michael & Associates, led by Charles Pelowski, who is board-certified in Criminal Law by the Texas Board of Legal Specialization, can help you examine the crash, testing procedures, causation, and medical evidence, and find weaknesses in the prosecution's case.
