What is Intoxication Assault in Texas?

June 27, 2025

Intoxication assault in Texas happens when someone drives or operates a vehicle while intoxicated and, as a result, causes serious bodily injury to another person. This is a third-degree felony, but the charges can escalate depending on the victim’s role or the severity of injuries.

Key Facts:

• Definition: Operating a vehicle while intoxicated and causing serious bodily harm.
• Penalties:
  • Third-degree felony: 2–10 years in prison, up to $10,000 fine.
  • Second-degree felony (e.g., injury to first responders): 2–20 years in prison.
  • First-degree felony (e.g., injury to peace officers): Up to life imprisonment.
• Serious bodily injury: Includes risk of death, permanent disfigurement, or long-term physical impairment.
• Intent is irrelevant: Even accidental injuries caused by intoxicated driving can lead to charges.

Defense Strategies:

• Disputing intoxication evidence (e.g., BAC tests).
• Arguing injuries don’t meet the “serious” threshold.
• Proving other factors caused the injuries (e.g., weather or mechanical failure).

If you’re facing charges, consult an experienced attorney immediately to protect your rights and build a defense.

Legal Definition and Key Elements of Intoxication Assault

Texas Penal Code § 49.07

According to Texas Penal Code § 49.07, intoxication assault happens when someone, while intoxicated, operates a motor vehicle, aircraft, watercraft, or amusement ride in a public place and causes serious bodily injury. This also includes situations where an intoxicated individual assembles a mobile amusement ride, leading to similar injuries.

“Serious bodily injury” refers to harm that carries a substantial risk of death, results in permanent disfigurement, or causes long-term impairment of bodily functions.

Court rulings have clarified what qualifies as “serious bodily injury.” For instance, in Fleming v. State, injuries such as torn cartilage, a severely jammed hand requiring knee surgery, and six weeks of missed work were not considered serious bodily injuries. On the other hand, Soulas v. State deemed injuries like facial deformities requiring surgery with a metal plate and permanent disfigurement as meeting the threshold. These legal interpretations provide a framework for understanding how the law is applied in real cases.

Key Elements Prosecutors Must Prove

To secure a conviction for intoxication assault, prosecutors must establish several elements beyond a reasonable doubt. These include:

• The defendant was operating a vehicle (motor vehicle, aircraft, watercraft, or amusement ride).
• For motor vehicles, the operation occurred in a public place.
• The defendant was intoxicated at the time.
• The injury would not have occurred if not for the defendant’s intoxication.

Under Texas law, “intoxication” is defined in two ways: a loss of normal mental or physical faculties due to alcohol, drugs, or controlled substances, or a blood alcohol concentration (BAC) of 0.08 or higher.

The definition of “public place” is applied broadly. Courts have ruled that it includes areas accessible to the public, such as parking lots in shopping centers—even if they are privately owned. Additionally, case law has shaped the understanding of what does not qualify as serious bodily injury. For example, in Moore v. State, injuries like leg numbness, severe headaches, breathing difficulties, a bruised chest, a cracked pelvic bone, emergency room treatment, nine months of physical therapy, and ongoing pain were determined not to meet the legal standard for serious bodily injury.

Classification and Penalties for Intoxication Assault

Felony Classification

Intoxication assault is generally categorized as a third-degree felony. However, specific circumstances involving the victim can lead to more severe charges. For instance, if the victim is a peace officer or judge performing their duties, the charge escalates to a first-degree felony. 

Similarly, if the victim is a firefighter, emergency medical services personnel, or suffers a traumatic brain injury resulting in a persistent vegetative state, the offense becomes a second-degree felony. Each felony degree comes with its set of penalties, as detailed below.

Penalties Based on Felony Degree

The penalties for intoxication assault depend on the degree of the felony:

Third-Degree Felony: This applies when the victim does not belong to a protected category, and the injuries, while serious, do not meet the threshold for an elevated charge.

Second-Degree Felony: This level is reserved for cases involving first responders or victims who suffer catastrophic injuries like a traumatic brain injury that leaves them in a vegetative state. Sentences range from 2 to 20 years.

First-Degree Felony: The most severe classification, typically involving peace officers or judges on duty. Penalties can include life imprisonment, reflecting the seriousness of the offense.

In addition to prison time and fines, other consequences can include a driver’s license suspension of 180 days to 2 years, required completion of a DWI education program, and an ignition interlock device installation, and increased insurance costs. These measures further emphasize the long-term impact of an intoxication assault conviction.

Legal Process and Potential Defenses

The Legal Process

Understanding the legal process is essential, especially given the serious consequences tied to these cases. It all starts with an arrest, followed by booking, fingerprinting, and a magistrate’s review to determine bail.

Pretrial proceedings then assume a central role. This phase includes gathering evidence, filing suppression motions, and engaging in plea negotiations. If the case proceeds to trial, the steps include jury selection, opening statements, presenting evidence, witness testimony, and closing arguments. Should a conviction occur, sentencing will reflect the offense’s severity and the defendant’s criminal history. There’s also the option to appeal the decision if necessary.

Every step of this process provides opportunities for a defense to challenge the prosecution’s case. Having a skilled attorney can significantly aid in navigating these intricate procedures.

Common Defenses

A strong defense often begins by questioning the evidence of intoxication and causation. Attorneys may focus on the reliability of tests by examining factors like calibration, the administrator’s qualifications, and whether the tests were conducted in a timely manner.

Defendants might also argue that external factors—such as poor weather, mechanical issues, or the actions of another driver—were the actual cause of the incident.

Another key defense strategy involves disputing whether the injuries meet the legal definition of “serious bodily injury.” This often includes a detailed review of medical records and may incorporate expert testimony. Additional defenses could include claims of involuntary intoxication, challenging the legality of the initial traffic stop, questioning whether probable cause existed, and ensuring the proper handling of evidence, including maintaining the chain of custody.

Practical Examples and Navigating Intoxication Assault Charges

Practical Scenarios

Understanding how intoxication assault charges arise under Texas law can be easier with real-world examples. Let’s explore a few hypothetical situations:

Motor Vehicle Accident Scenario:
A person drives home after several drinks, with a blood alcohol concentration of 0.10% – above the legal limit of 0.08%. While driving, they run a red light and hit another vehicle. The other driver suffers a traumatic brain injury, leading to permanent cognitive impairment. In this case, the prosecution would need to prove the driver’s intoxication, that their actions caused the accident, and the severity of the injury—even though the harm wasn’t intentional.

Watercraft Operation Scenario:
Imagine someone operating a speedboat on a Texas lake under the influence of alcohol and prescription medication. Their impaired reflexes cause them to crash into a dock, injuring a passenger who sustains multiple fractures and long-term mobility issues. This highlights that intoxication assault charges aren’t limited to cars—they also apply to watercraft when serious injuries occur.

Amusement Ride Operator Scenario:
Consider an amusement park employee who operates a ride while intoxicated. Their impaired judgment leads to a safety lapse, causing a mechanical malfunction that results in spinal cord injuries to riders. This scenario shows that intoxication assault charges can apply in cases where public safety responsibilities are neglected, leading to significant harm.

Steps to Navigate Intoxication Assault Charges

If you’re facing intoxication assault charges, taking immediate and informed action is critical to safeguarding your rights and building a strong defense.

Immediate Actions:
Invoke your right to remain silent and consult an attorney right away. Speaking without legal guidance could lead to self-incrimination.

Securing Legal Representation:
Reach out to a criminal defense attorney experienced in intoxication assault cases as soon as possible. Early legal intervention can help preserve evidence and guide you through steps like requesting an Administrative License Revocation (ALR) hearing to protect your driving privileges.

Evidence Gathering and Documentation:
Work with your attorney to collect all relevant materials, such as accident reports, medical records, witness contact information, and any photos or videos of the incident. Also, review the sobriety test procedures, including the equipment used and the qualifications of the officer administering the test.

Understanding the Legal Process:
Familiarize yourself with the next steps in your case, including pretrial hearings, evidence discovery, and possibly a trial. Attend all court hearings and follow any conditions of your release. Staying in regular contact with your attorney is key to navigating the process.

Building Your Defense Strategy:
Be transparent with your attorney about every detail of the incident. A thorough review of the events—like the initial traffic stop or the administration of sobriety tests—can reveal flaws in the prosecution’s case, which could help challenge the evidence against you.

Given the challenges of intoxication assault cases, acting quickly and working closely with an experienced intoxication assault attorney can make a significant difference in protecting your rights and striving for the best possible outcome.

FAQs

What circumstances can increase intoxication assault charges to a first-degree felony in Texas?

In Texas, intoxication assault charges can escalate from a third-degree felony to a first-degree felony under specific circumstances. This happens when the offense results in serious bodily injury to certain protected individuals, such as police officers, firefighters, or emergency medical personnel actively performing their official duties during the incident. The seriousness of the injuries and the victim’s critical role in public safety play a major part in determining this heightened charge. 

How can someone defend against intoxication assault charges in Texas?

Fighting intoxication assault charges in Texas often means scrutinizing the evidence the prosecution relies on. A key focus might be the blood alcohol concentration (BAC) tests. Defendants can argue that the tests were mishandled, improperly administered, or even affected by equipment malfunctions, which could cast doubt on their reliability.

Another angle is questioning whether the alleged intoxication was actually the cause of the injuries. For instance, it might be possible to demonstrate that another factor—like the actions of a different driver—was the real cause of the accident. Sometimes, even the extent of the injuries can be disputed, especially if there’s evidence suggesting they were exaggerated or inaccurately portrayed.

Because every case comes with its own set of circumstances, working with a skilled attorney is essential to figure out the most effective defense for your situation. 

What are the long-term effects of an intoxication assault conviction in Texas?

An intoxication assault conviction in Texas carries consequences that extend far beyond the courtroom. Losing your driving privileges can disrupt your ability to commute to work, attend school, or manage everyday tasks. On top of that, a conviction leaves you with a permanent criminal record, which can create hurdles when applying for jobs, housing, or professional licenses.

These repercussions can seriously affect both your personal life and financial well-being. It’s crucial to be aware of your legal rights and consider seeking professional legal advice if you’re dealing with such charges.