Intoxication assault charges in Texas arise when alcohol or drugs are involved in a crash that leaves someone seriously injured. The charge sounds straightforward, but the State carries a specific burden: proving the injury happened because of intoxication, not just that intoxication was present.
This is a felony with serious consequences, and the evidence behind it, including blood test results, field sobriety tests, and accident reconstruction reports, is more vulnerable to challenge than people might realize.
At Benavides Law Group, we defend clients across Texas facing these charges, reviewing everything the State has and building a defense around its weakest points.
Call a Texas intoxication assault attorney at (713) 222-2828 for a free, confidential consultation. Phones are answered 24/7. Se habla español.
Why Choose Benavides Law Group for Your Intoxication Assault Defense?
These cases come down to one word: causation. The State doesn't just need to prove you were intoxicated by drugs or alcohol. They must prove the injury happened because of your intoxication. That's a higher burden, and it's one we challenge directly.
Prosecutors use blood alcohol results, field sobriety tests, witness statements, and accident reconstruction reports to build their case. We examine every piece of that evidence for weaknesses, and we present alternative explanations for what actually caused the crash.
Training That Strengthens Your Defense
Eric Benavides brings training that most criminal defense attorneys don't have. He's NHTSA-certified in standardized field sobriety testing, meaning he understands exactly how police are trained to conduct DWI investigations and where they cut corners. He's one of only 117 attorneys worldwide designated as an ACS-CHAL Forensic Lawyer-Scientist, a credential focused on challenging blood-alcohol testing in DWI cases. He's also a graduate of the Texas Criminal Defense Lawyers Trial College in Huntsville, where Texas attorneys learn advanced trial strategy from some of the state's best defense lawyers.
Direct Representation From an Experienced Trial Attorney
Eric Benavides has defended clients facing intoxication assault and aggravated DWI charges across Texas since 2008. When you hire our firm, you work directly with Eric. We review the State’s evidence: police reports, dashcam footage, blood test results, medical records, witness statements, and accident reconstruction reports. We look for gaps, inconsistencies, and constitutional violations that weaken their case.
Proven Results in Serious DWI and Assault Cases
We've built our reputation on outcomes that protect clients' records and futures. Our approach delivers results:
- Hundreds of dismissed cases where charges never made it to trial
- Multiple not guilty verdicts delivered by juries
- Multiple evidence suppression victories granted by judges
- Aggressive negotiation strategies that reduce charges and minimize harshness of sentencing
While past results do not guarantee future outcomes, these results demonstrate our dedication to thorough investigation, strategic motion practice, and persistent negotiation with prosecutors who know we're prepared for trial.
Clear Communication and Accessible Defense
Our team is bilingual, phones are answered 24/7, and we keep you informed at each stage of your case. You'll understand your options, know what prosecutors are offering, and make decisions based on clear explanations. We offer free consultations, flat-fee pricing with no hourly charges, and payment plans that make quality defense accessible.
Hear From Our Clients
What Is Intoxication Assault Under Texas Law?
Texas Penal Code § 49.07 defines intoxication assault as causing serious bodily injury to another person by accident or mistake while operating a motor vehicle, aircraft, watercraft, or amusement ride while intoxicated. The State must prove three things:
- You were intoxicated. That means either lacking normal use of your mental or physical faculties due to alcohol, drugs, or a combination, or having a blood alcohol concentration of 0.08 or higher.
- You were operating a vehicle. This includes cars, trucks, motorcycles, boats, aircraft, and amusement park rides. You don't need to own the vehicle or hold a valid license.
- The injury happened because of your intoxication. This is the causation element, and it's the most important. If another driver's actions, road conditions, mechanical failure, or the other person's own conduct caused or contributed to the crash, the State's causation argument weakens significantly.
The charge applies even when the crash was unintentional. The State doesn't need to prove you meant to hurt anyone, only that intoxication caused it to happen.
What Qualifies as Serious Bodily Injury in Texas?
Texas law defines serious bodily injury as injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of any bodily member or organ.
Common examples in vehicular assault cases include:
- Traumatic brain injuries requiring hospitalization or surgery
- Spinal cord injuries causing paralysis or long-term impairment
- Severe fractures requiring surgery or causing permanent disability
- Internal organ damage requiring emergency treatment
- Permanent scarring or disfigurement from burns or lacerations
- Loss of limbs or permanent loss of function
Your attorney can challenge whether the injuries qualify as "serious bodily injury" based on medical records, expert testimony, and the victim's recovery timeline.
Intoxication Assault vs. Aggravated Assault with a Motor Vehicle
Texas prosecutors sometimes file aggravated assault charges under Texas Penal Code § 22.02 instead of intoxication assault when the conduct appears intentional or reckless rather than accidental.
Intoxication assault applies when serious injury occurs by accident or mistake while the driver was intoxicated. The focus is on impairment causing an unintentional crash.
Aggravated assault with a deadly weapon applies when someone intentionally or recklessly causes serious injury using a vehicle. Road rage incidents, deliberate ramming, or intentionally forcing another vehicle off the road typically fall under this charge instead.
Penalties for Intoxication Assault in Texas
Intoxication assault is a third-degree felony punishable by:
- Two to ten years in Texas Department of Criminal Justice (prison)
- Fines up to $10,000
- Probation supervision if the judge grants community supervision
- Court-ordered driver’s license suspension
- Mandatory ignition interlock device as a condition of bond or community supervision
- Restitution to the victim for medical expenses and other financial losses
Intoxication assault can be enhanced under § 49.09 to a second-degree felony if the victim is a firefighter or EMS on duty, or in certain TBI/persistent vegetative state cases. It can also be enhanced to afirst-degree felony if the victim is a peace officer or judge on duty.
Common Defenses to Intoxication Assault Charges in Texas
Your defense strategy depends on the specific facts of your case. An experienced vehicular assault attorney reviews the evidence and builds a defense that addresses the weaknesses in the State's case.
Challenging Causation: Did Intoxication Actually Cause the Injury?
The State must prove the injury occurred "by reason of" your intoxication. If another driver caused the crash, if road conditions contributed, if mechanical failure played a role, or if the victim's actions contributed to the collision, the causation element fails. Your attorney can present accident reconstruction evidence, traffic camera footage, witness testimony, and expert analysis showing alternative causes for the crash.
Challenging Intoxication Evidence: Were You Actually Intoxicated?
Prosecutors rely on blood alcohol tests, breath tests, field sobriety tests, and officer observations to prove intoxication. Each piece of evidence is vulnerable to challenge:
Blood test challenges: Chain of custody errors, improper storage, contamination, lab technician mistakes, and procedural violations can render blood test results unreliable or inadmissible.
Breath test challenges: Calibration issues, operator error, residual mouth alcohol, medical conditions, and failure to follow observation protocols can produce false results.
Field sobriety test challenges: Officer training deficiencies, improper administration, medical conditions, injuries, uneven surfaces, and poor weather conditions all affect performance.
Officer observations: Slurred speech, bloodshot eyes, and unsteady balance can result from fatigue, medical conditions, allergies, or stress—not intoxication.
Challenging the Traffic Stop or Arrest
If the officer lacked reasonable suspicion to stop you or probable cause to arrest you, any evidence obtained as a result may be suppressed. Common constitutional violations include:
- Stopping your vehicle without reasonable suspicion of criminal activity
- Extending the stop beyond the time necessary to complete the traffic violation investigation
- Conducting searches without consent or probable cause
- Failing to read Miranda rights before custodial interrogation
Successful suppression of evidence often results in charge dismissals or significantly weakened prosecution.
Challenging "Serious Bodily Injury" Classification
If the victim's injuries do not meet the statutory definition of "serious bodily injury," the charge should be reduced or dismissed. Your attorney can present medical records, expert testimony, and recovery timelines showing the injuries were less severe than prosecutors claim.
What Happens to Your Driver's License After an Intoxication Assault Arrest?
An intoxication assault arrest triggers both criminal proceedings and a separate administrative action against your driver's license. If you refused a breath or blood test, or if your test result was 0.08 or higher, the Texas Department of Public Safety will move to suspend your license.
You have 15 days from being served the notice, or 20 days from the date a notice of suspension is mailed, to request an Administrative License Revocation (ALR) hearing. Miss that window, and the suspension becomes automatic.
The ALR hearing is a separate civil proceeding. Your attorney can challenge the legality of the stop, how tests were administered, and whether probable cause existed for the arrest. Winning that hearing protects your driving privileges and may weaken the State's criminal case at the same time.
Can Intoxication Assault Charges Be Reduced or Dismissed?
Yes. These cases don't always end in conviction, and the outcome depends heavily on the strength of the State's evidence and the severity of the injuries.
Possible outcomes your attorney can pursue:
- Dismissals based on weak causation evidence, constitutional violations, or insufficient proof of intoxication
- Reductions to lesser charges such as DWI or assault causing bodily injury (lesser included offenses)
- Negotiated plea agreements that include probation instead of prison
- Deferred adjudication in limited circumstances (less common in serious injury cases but sometimes negotiable)
- Trial acquittals when the State cannot prove all elements beyond a reasonable doubt
Early action matters. The sooner we begin investigating and filing motions, the more options tend to stay available.
Collateral Consequences Beyond the Criminal Charge
Intoxication assault convictions carry consequences that extend far beyond prison and fines:
Employment: Felony convictions appear on background checks and disqualify you from many professional licenses, certifications, and employment opportunities. Jobs requiring driving, operating machinery, or working with vulnerable populations become inaccessible.
Immigration: Non-citizens face deportation, denial of naturalization, and inadmissibility for future visa applications. Non-citizens charged with intoxication assault should get immigration advice immediately, because intoxication-related felonies can create serious immigration consequences depending on the statute of conviction and case facts.
Housing: Landlords routinely deny rental applications based on felony records, and public housing assistance may be revoked.
Firearms: A felony conviction can severely restrict firearm possession. Under Texas law, firearm possession is generally prohibited until five years after release, and even then, it is generally limited to the person’s residence, with additional restrictions potentially arising under federal law.
Civil Liability: The victim can sue you for medical expenses, lost wages, pain and suffering, and punitive damages. A criminal conviction strengthens their civil case significantly.
Your attorney can address these collateral consequences when negotiating plea agreements and advising you on trial strategy.
FAQ for Texas Intoxication Assault Charges
Does the State have to prove the injury happened because of intoxication?
Yes. The State must prove causation, meaning the injury occurred because of your intoxication, not simply that you were intoxicated when a crash happened. If another driver, road conditions, or mechanical failure caused the crash, the State's causation argument weakens considerably.
Can I fight the case if the crash was an accident?
Yes. The statute applies to injuries caused by accident or mistake, but the State still must prove intoxication caused the crash. We present evidence of alternative causes and challenge the State's version of events.
Can I avoid prison if convicted of intoxication assault?
Possibly. Judges may grant probation in some cases, particularly for first-time offenders with strong mitigating factors. Probation conditions typically include some jail time, alcohol treatment, ignition interlock installation, community service, and restitution payments.
Can intoxication assault be expunged or sealed later?
Expunction may be available if charges are dismissed or you are acquitted at trial. Convictions cannot be expunged. Deferred adjudication is rare in serious injury cases, but if granted and successfully completed, you may qualify to petition for non-disclosure depending on the offense and your criminal history.
What if I wasn't actually intoxicated, but the officer arrested me anyway?
If the State cannot prove intoxication beyond a reasonable doubt, the charge fails. We challenge blood test results, breath test accuracy, field sobriety test procedures, and officer observations. Medical conditions, fatigue, and environmental factors can all explain behavior that an officer interpreted as intoxication.
Facing Intoxication Assault Charges? Act Now to Protect Your Future
Intoxication assault carries serious consequences, but the State's case rests on elements that are vulnerable to challenge. Causation is not automatic. Test results are not infallible. And an arrest is not a conviction.
At Benavides Law Group, our Texas intoxication assault attorney defends clients facing intoxication assault and serious DWI charges across Texas. Contact us for a free, confidential consultation. Phones are answered 24/7. Se habla español.