If you are charged with intoxication assault in San Antonio, prosecutors are alleging that you operated a motor vehicle while intoxicated and, by accident or mistake, caused another person's serious bodily injury because of that intoxication.
At its base level, intoxication assault is a third-degree felony under Texas Penal Code § 49.07. Certain enhancement allegations can elevate the charge to a second-degree or first-degree felony. However, these enhancements apply only in specific circumstances defined by Texas law.
Blood test results, severity of the crash, or police reports do not automatically prove guilt in an intoxication assault case. The State will still have to prove the intoxication, serious bodily injury, and that the intoxication caused the serious injury beyond a reasonable doubt.
A person convicted of intoxication assault can face 2 to 10 years in prison, a fine of up to $10,000, and a felony conviction that can create long-term problems.
San Antonio Intoxication Assault Lawyer
Whether you were arrested along I-10, Highway 281, Loop 410, I-35, Wurzbach Parkway, Bandera Road, near downtown, or any public place in San Antonio, do not assume intoxication assault is simply a DWI involving a crash.
Since it is a felony charge, it can affect your freedom, driver's license, job, professional license, immigration status, insurance, and future background checks. A conviction can also affect firearm rights.
Michael & Associates includes former prosecutors, ACS-CHAL Forensic Lawyer-Scientists, and attorneys trained to challenge blood testing, crash reconstruction, and forensic evidence.
Our team approaches DWI and intoxication assault cases carefully. Our San Antonio DWI lawyers can help:
- Review the legality of the stop, arrest, and investigation
- Analyze blood and breath testing
- Evaluate crash reconstruction
- Review any information from the vehicle's event data recorder ("black box")
- Challenge causation
- Review medical evidence
- Prepare the case for trial
What Is Intoxication Assault in Texas?
Under Texas Penal Code § 49.07, intoxication assault generally means a person operated a motor vehicle in a public place while intoxicated and, by accident or mistake, caused serious bodily injury to another person because of that intoxication.
For you to be convicted of intoxication assault, prosecutors generally must prove all of the following elements:
- Operation: You operated a motor vehicle in a public place
- Intoxication: You were intoxicated under Texas Penal Code § 49.01
- Serious bodily injury: Another person suffered legally serious bodily injury
- Causation: Your intoxication caused the serious bodily injury
Texas defines intoxication as either having a blood alcohol concentration (BAC) of 0.08 or higher, or the loss of normal mental or physical abilities due to alcohol, drugs, medication, or another substance.
Is Intoxication Assault the Same as DWI?
No. A standard DWI charge under Texas Penal Code § 49.04 focuses on whether a person operated a motor vehicle in a public place while intoxicated. Intoxication assault adds two major issues: serious bodily injury and causation.
So, prosecutors must prove more than impairment. They must also prove that the alleged intoxication caused another person's serious bodily injury.
Intoxication Assault Penalties in Texas
Intoxication assault is usually a third-degree felony in Texas. However, the charge can become more serious when the injured person falls within a protected category or when the injury involves a qualifying traumatic brain injury.
|
Intoxication Assault Case |
Charge Level |
Possible Penalties |
|
Most intoxication assault cases |
Third-degree felony |
2 to 10 years in prison and a fine of up to $10,000 |
|
Certain cases involving serious bodily injury to a firefighter or EMS worker on official duty |
Second-degree felony |
2 to 20 years in prison and a fine of up to $10,000 |
|
Certain cases involving traumatic brain injury resulting in a persistent vegetative state |
Second-degree felony |
2 to 20 years in prison and a fine of up to $10,000 |
|
Certain cases involving serious bodily injury to a peace officer or judge on official duty |
First-degree felony |
5 to 99 years or life in prison and a fine of up to $10,000 |
A conviction may also lead to a driver's license suspension, ignition interlock requirements, alcohol or drug testing, DWI education or treatment, and long-term employment or professional-licensing problems.
Note: When another person dies, prosecutors may charge it as intoxication manslaughter instead of intoxication assault. Under Texas Penal Code § 49.08, intoxication manslaughter is generally a second-degree felony.
What Counts as Serious Bodily Injury?
Not every injury from a crash qualifies as serious bodily injury, as it is more than pain, bruising, soreness, or a minor injury.
For intoxication assault, Texas Penal Code § 49.07(b) defines serious bodily injury as an injury that creates a substantial risk of death, causes serious permanent disfigurement, or causes a long-term loss or impairment of the function of a body part or organ.
Examples of serious bodily injuries may include:
- Severe fractures
- Traumatic brain injury
- Significant spinal injury
- Serious internal injury
- Permanent scarring or disfigurement
- Long-term loss of movement, vision, or organ function
How Are Intoxication Assault Cases Investigated in San Antonio?
After a serious crash, SAPD, the Bexar County Sheriff's Office, or another local agency may:
- Investigate the scene
- Speak with witnesses
- Photograph the involved vehicles
- Request chemical testing
- Collect vehicle data
- Seek medical records
The investigation may also involve EMS personnel, hospital staff, crash-reconstruction officers, forensic laboratories, and prosecutors with the Bexar County Criminal District Attorney's Office.
Blood, Breath, and Field Sobriety Testing in Intoxication Assault Cases
Prosecutors may rely on blood, breath, and field sobriety tests, officer observations, drug-recognition evidence, or a combination of these.
However, a blood result does not automatically prove intoxication at the time of driving. The defense may need to review the blood draw, warrant or consent issues, storage, chain of custody, laboratory procedures, retesting options, and the timeline between driving and testing.
Field sobriety tests can also be difficult to interpret after a crash. Pain, shock, injury, anxiety, poor lighting, uneven pavement, fatigue, medical conditions, or unstable footwear may affect a person's performance.
How Do Prosecutors Prove Intoxication Assault?
The State may use several types of evidence to build its case, including:
- Medical records
- Blood or breath test results
- Field sobriety test performance
- Witness statements and 911 recordings
- Officer observations and body camera footage
- Crash-scene photos and vehicle damage
- Vehicle event-data recorder information
The key issue is often causation. A serious crash can occur because of another driver, a road hazard, poor visibility, sudden braking, a vehicle defect, distracted driving, or a medical emergency. The State must prove that the alleged intoxication caused the serious bodily injury, not just that the accident involved both intoxication and injury.
Possible Defense Strategies in Intoxication Assault Cases
Since every case is different, the right strategy depends on the facts, alleged injuries, evidence, and legal issues.
Common defense strategies include:
- Challenging the crash causation
- Disputing intoxication
- Questioning the serious bodily injury
- Reviewing the blood draw
- Suppressing illegally-obtained evidence
- Examining crash reconstruction
What Happens After an Intoxication Assault Arrest in San Antonio?
After an arrest, a person may be booked, taken before a magistrate, and released on bond.
Bond conditions may include alcohol restrictions, drug or alcohol testing, electronic monitoring, travel limits, and no-contact requirements. In many motor-vehicle intoxication assault cases, the court must also require an ignition interlock device unless it finds an exception is in the interests of justice.
Because intoxication assault is a felony, the case may be reviewed for grand-jury presentation and proceed through the Bexar County felony court system. The case can involve arraignment, discovery, evidence review, pretrial hearings, plea negotiations, and trial.
Helpful DWI Resources
- Bexar County Grand Jury and Intake Division: Explains how the Bexar County District Attorney's Office reviews cases, handles magistration issues, and presents felony cases to a grand jury.
- Bexar County Central Magistrate Search: Allows users to look up recent magistration information, which may help families understand where a person is in the process.
- Criminal Court Records Search: Provides access to felony case information filed in Bexar County District Courts.
- Bexar County Justice Information Portal: Provides access to Bexar County criminal court records, dockets, and related case information.
Consult an Intoxication Assault Lawyer in San Antonio
Intoxication assault is not simply a DWI with a crash. It is a felony charge that can put your freedom, license, career, and future at risk. But an arrest is not a conviction, and the State must still prove every required element beyond a reasonable doubt.
When a felony DWI case involves an injury, a strong defense may depend on what the police missed, what the lab did wrong, what the medical records actually show, or whether another cause explains the crash.
Our experienced San Antonio DWI attorneys, including RC Pate, defend DWI and felony intoxication cases with a trial-ready, evidence-driven approach. The defense team can examine the crash facts, testing issues, medical evidence, causation, and every weakness in the State's case.
Begin your defense before the State's theory becomes fixed. Contact us for a free case review.
Last updated in June 2026 and reviewed for accuracy by Michael & Associates' criminal defense attorneys.
