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Home Intoxication Assault Laws in Texas

Houston Lawyer for Intoxication Assault

The Texas legislature has determined that if someone drives while intoxicated and as a result of that intoxication has an accident that causes serious bodily injury, the person will be charged with intoxication assault.  Serious bodily injury is defined as any injury that creates a substantial risk of death or that causes permanent disfigurement or protracted loss or impairment of any bodily member or organ.  Intoxication Assault is a third degree felony, punishable from 2-10 years in the Texas Department of Criminal Justice and a fine not to exceed $10,000.  Unlike most crimes, Intoxication Assault is a strict liability crime – meaning the government does not have to prove mental culpability.

The police have the right to forcibly take a person’s blood in certain instances.  Being charged with Intoxication Assault is one of those times that law enforcement officials can take your blood over your objection and without going to a Judge to get a warrant.  You can bet they will take every step possible to obtain evidence that they think will help in getting a conviction.

Often times, a charge of intoxication assault results from a single car accident and the injured party is friend or family member.  Regardless of whether the injured person wants to pursue charges, it is up to the government to decide what charge is pursued.

There are many challenges that can be made to defend those that are charged with Intoxication Assault.  Just because someone is charged with Intoxication Assault does not mean that they will ultimately be convicted of that charge.  It is imperative that you hire the best lawyer possible to defend you against in your case.  Your attorney should have the experience necessary to fight and challenge the State’s evidence.

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