According to the Texas Department of Transportation, a person is either injured or killed due to an alcohol-related crash about every 20 minutes on average in the state.
Drunk driving continues to be a huge problem across the United States, including Texas, despite harsh fines, especially when injuries or death are involved.
A person can be considered legally intoxicated in Texas when their breath alcohol concentration is .08% or above. A DWI charge is considered a Class B misdemeanor, but it can be elevated to a felony when aggravated circumstances are present, such as when somebody is injured or killed as a result of someone driving under the influence.
When this happens, the DWI charge will probably be elevated to intoxication assault which is considered a third-degree felony. Technically speaking, intoxication assault is considered a felony DWI.
Intoxication assault is a common and serious problem in San Antonio and Bexar County
Under Texas law, a person commits the offense of intoxication assault when they cause bodily injury to another person while driving a motor vehicle, operating an aircraft, operating a watercraft, or operating an amusement ride.
Serious bodily injury is defined as one that creates a substantial risk of death or that causes the victim to suffer serious and permanent disfigurement or the protracted loss or impairment of a bodily function.
Upon conviction, an intoxication assault charge can result in a jail term of between 2 and 10 years in prison and a fine of up to $10,000. A person may also be required to serve mandatory community service, required to install an ignition interlock device and will probably face extended probation upon release from incarceration.
Intoxication assault is not just limited to driving a car
With an intoxication assault charge, you are facing some serious issues that will require immediate legal help. Every case is different, but without the assistance of a skilled and seasoned attorney such as Derek W. Emmons, you risk losing a lot. There are many factors that could potentially work in your favor, but before you weaken your defensive position, you must speak with an attorney to protect your rights in the best way possible.
To learn more about intoxication assault charges in Texas, you can go here.
The Law Office of Derek W. Emmons serves clients in San Antonio and surrounding Texas communities.