Intoxication Assault

Intoxication assault is a DWI offense that involves causing serious injury to another person. Whether the crime was committed on the roadways, in a boat or aircraft, you could be facing a felony charge and time behind bars.

The impact of an intoxicated assault can be devastating for the victim’s and their families. Because of this, Texas courts will do everything they can to aggressively prosecute this crime. If you are someone you love is being investigated for intoxication assault in Harris County, you should seek legal representation right away.

Felony Defense Attorney for Intoxication Assault in Houston, TX

Brian Benken holds over 30 years of experience as a criminal defense attorney in Harris County. He’s compassionate with his clients and has the ability to make the nightmare of becoming a convicted felon more bearable.

The sooner you retain legal representation, the better your chances of a more favorable outcome in court. Let The Benken Law Firm represent you.

To schedule a time to consult with The Benken Law Firm about your case, call (713) 223 - 4051 today. Brian Benken defends clients of felony offenses in communities such as Houston, Southside Place, Willow Meadows, River Oaks and many more in Harris County and surrounding counties.


Information Center


Back to Top

Intoxication Assault in Texas

There were nearly 3,000 DWI related crashed in Harris County in 2017. Sometimes these accidents are minor, but sometimes they involve serious bodily injury and are considered intoxication assault.

Under section 49.07 of the Texas Penal Code, intoxication assault is defined as the operating of a motor vehicle, aircraft, watercraft, or amusement ride while intoxicated, and because of that intoxication, causes serious bodily injury to another person.

Texas courts consider serious bodily injury to be any injury that causes a risk of death or causes serious permanent disfigurement, protracted loss or impaired function of any body part. Some examples of serious bodily injuries include traumatic brain injuries, coma, or the loss of limbs.

Some injuries might not be immediately apparent following an accident involving intoxication assault. If this happens to be the case, you could still be charged with the offense if injuries appear at a later time.


Back to Top

What are the Penalties for Intoxication Assault in Texas?

Driving under the influence of alcohol or drugs accounts for over 6,000 crashes a year in Texas. To combat the issue of driving under the influence, the state imposes stiff penalties for those caught committing any related offense.

Intoxication assault is an offense that is more severe than driving under the influences since it involves an accident with serious bodily injury. If you are found guilty of intoxication assault, you could be charged with a third-degree felony.

The court is required to impose a minimum jail sentence of two years, but you could spend up to 10 years in prison. In addition to time behind bars, you could also be required to pay up to $10,000 in fines.

There are situations where you could face elevated charges. If your intoxicated driving caused another person to suffer a traumatic brain injury that resulted in a persistent vegetative state, you could face a second-degree felony that is punishable by a minimum of two years but no more than 20 in prison. You could also be required to pay a $10,000 fine.


Back to Top

Intoxication Manslaughter

Sometimes there are cases were an intoxicated driver caused the unintentional death of another person. Texas considers this intoxication manslaughter and defines it as:

  • The operation of a motor vehicle, watercraft, aircraft amusement ride or assembling a mobile amusement ride while intoxicated, and because of that intoxication, causing the death of another person by mistake or accident.

Intoxication manslaughter is a second-degree felony that entails two to 20 years in prison and up to $10,000 in fines. In some cases, an offender could be charged with both intoxication manslaughter and intoxication assault. This happens when the intoxicated accident results in both serious bodily injury and death.

For instance, you get into an accident with another vehicle and one person was killed while the other was suffered serious bodily injury. Because one person died, you could be charged with intoxication manslaughter along with intoxication assault.


Back to Top

How does Texas Define Intoxication?

To be convicted of intoxicated assault or any DWI related offense, your level of intoxication during the incident must meet the Texas Penal Code definition of intoxicated.

According to section 49.01, you are considered intoxicated if you do not have the normal use of your mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug or a combination. You will also be considered intoxicated if you are found with a blood alcohol concentration of 0.008 or higher.


Back to Top

Additional Resources for Intoxication Assault in Houston, TX

Intoxication and Alcoholic Beverage Offenses| Texas Penal Code – Follow this link to read the full text of the Texas Penal Code chapter that governs DWI related offenses in the state. You can also read the precise legal definition of intoxication assault and intoxicated manslaughter. The code can be read on the Texas Constitution and Statutes website.

DWI Crashes by County– View the number of DWI related crashes in the state by county. You can see which county leads with the highest number of alcohol-involved crashes in 2017 and which counties had no DUI involved crashes. The report was compiled by the Texas Department of Transportation.


Back to Top

Criminal Defense Lawyer for Intoxicated Assault in Harris County, TX

Brian Benken is an experienced trial lawyer who knows what it takes to win a case or have it dismissed. He’s also a licensed private investigator who will collect key evidence to prove you’re innocent. To schedule a free case consultation with The Benken Law Firm, call (713) 223 - 4051 today.

Brian Benken represents clients of felony offenses in communities that include, but are not limited to, West University Place, Uptown, The Heights, Braeswood Place and all other in Harris County and surrounding counties.


Back to Top

Client Testimonials

(713) 223 - 4051
Benken Law