Intoxication Assault Defense Attorney

Intoxication Assault Defense Attorney in Houston, Texas

Intoxication assault is one of the most serious DWI-related charges in Texas, carrying 2-10 years in prison and devastating consequences that extend far beyond criminal penalties. When someone is seriously injured in an accident where you’re accused of driving while intoxicated, the stakes couldn’t be higher. At Cory Roth Law Office, we provide aggressive, comprehensive defense for individuals facing intoxication assault charges throughout Houston, Harris County, and surrounding areas.

Understanding Intoxication Assault Under Texas Law

Intoxication assault is defined under Texas Penal Code Section 49.07 as causing serious bodily injury to another person by reason of intoxication while operating a motor vehicle, watercraft, aircraft, or amusement ride.

Elements the Prosecution Must Prove

Three Critical Elements: All must be proven beyond reasonable doubt

1. Operation of Motor Vehicle: You were operating a vehicle
   • Actual physical control of the vehicle
   • Public place requirement (roads, highways, parking lots)
   • Operating includes being in driver’s seat with ability to control
   • Vehicle includes cars, trucks, motorcycles, boats, aircraft
2. Intoxication: You were legally intoxicated
   • Blood alcohol concentration of 0.08% or higher, OR
   • Lost normal use of mental faculties by introduction of alcohol, controlled substance, drug, dangerous drug, or combination, OR
   • Lost normal use of physical faculties by introduction of alcohol, controlled substance, drug, dangerous drug, or combination
3. Causation: Your intoxication caused serious bodily injury
   • “By reason of” intoxication – causal link required
   • Serious bodily injury to another person
   • But-for causation – injury wouldn’t have occurred without intoxication
   • Proximate cause – intoxication was substantial factor

What Constitutes “Serious Bodily Injury”?

Texas Penal Code Section 1.07(a)(46) defines serious bodily injury as bodily injury that creates:

Substantial Risk of Death: Life-threatening injuries

• Severe head trauma and traumatic brain injuries
• Internal bleeding and organ damage
• Multiple fractures and compound breaks
• Spinal cord injuries and paralysis
• Severe burns covering significant body areas

Death: Actual death (though typically charged as intoxication manslaughter)

• When death occurs, charge upgraded to intoxication manslaughter
• Delayed death cases may be charged as either offense
• Medical causation determinations crucial

Serious Permanent Disfigurement: Lasting physical changes

• Facial scarring and deformity
• Amputation of limbs or digits
• Loss of vision or hearing
• Burns causing permanent scarring
• Dental and jaw reconstruction needs

Protracted Loss or Impairment of Function: Long-term disability

• Loss of use of bodily member or organ
• Reproductive system damage
• Cognitive function impairment
• Chronic pain and limited mobility
• Lengthy recovery periods (months to years)

Penalties for Intoxication Assault Conviction

Intoxication assault is a third-degree felony in Texas, carrying severe criminal penalties and devastating collateral consequences.

Criminal Penalties

Prison Sentence: Texas Department of Criminal Justice confinement

• Minimum 2 years in state prison
• Maximum 10 years in state prison
• No deferred adjudication eligibility
• Probation possible but not guaranteed
• Typical sentences range from 4-8 years actual prison time

Fines and Court Costs: Significant financial penalties

• Up to $10,000 in criminal fines
• Court costs and administrative fees ($500-2,000)
• Prosecution costs and expert witness fees
• Restitution to victims for all damages

Restitution Requirements: Paying for victim’s damages

• All medical expenses (emergency, surgery, rehabilitation)
• Lost wages and future earning capacity
• Physical therapy and ongoing treatment costs
• Property damage to victim’s vehicle
• Pain and suffering (in some circumstances)
• No cap on restitution amounts – often hundreds of thousands of dollars

Driver’s License Consequences: Long-term driving restrictions

• Suspension of driver’s license for up to 2 years
• Possible permanent license revocation
• Mandatory ignition interlock device upon reinstatement
• $1,500 annual surcharge for 3 years ($4,500 total)
• SR-22 high-risk insurance requirements
• Commercial driver’s license (CDL) permanent disqualification

Enhanced Penalties for Aggravating Factors

Peace Officer or Firefighter Victims: Enhanced punishment

• Second-degree felony if victim is peace officer or firefighter on duty
• 2 to 20 years in prison
• Applies to EMS personnel and emergency responders
• Must prove victim’s status at time of offense

Emergency Medical Services Personnel: Additional enhancements

• Same enhancement as peace officers
• Includes paramedics and EMTs responding to emergencies
• On-duty requirement for enhancement

Multiple Victims: Cumulative sentences possible

• Separate charges for each person seriously injured
• Sentences can run consecutively (stacked)
• Decades of prison time possible with multiple victims
• Each victim’s injuries proven separately

Collateral Consequences Beyond Prison

Civil Liability: Massive financial exposure

• Personal injury lawsuits by all victims
• Negligence and gross negligence claims
• Punitive damages in addition to compensatory damages
• Typical verdicts range from $500,000 to $10+ million
• Insurance coverage often insufficient
• Wage garnishment and asset seizure to satisfy judgments

Employment Destruction: Career ending consequences

• Immediate termination from current employment
• Felony conviction preventing future employment
• Professional license revocation or suspension
• CDL permanent loss for commercial drivers
• Background checks revealing felony assault
• Inability to work in transportation, healthcare, education, childcare

Professional Licensing: Career credential loss

• Medical licenses (physicians, nurses, pharmacists)
• Legal licenses (attorneys, paralegals)
• Real estate and financial services licenses
• Teaching certificates and education credentials
• Engineering and architectural licenses
• All licensed professions affected by violent felony

Personal Consequences: Life-altering impacts

• Loss of firearm rights permanently
• Difficulty finding housing with violent felony
• Social stigma and community ostracism
• Family relationships strained or destroyed
• Immigration consequences including deportation
• Victim impact statements at sentencing creating emotional trauma

Why Choose Cory Roth Law Office for Intoxication Assault Defense?

Specialized Expertise in Serious Injury DWI Cases

Complex Case Experience: Handling the most serious charges

• Successfully defended numerous intoxication assault cases
• Accident reconstruction and causation defense expertise
• Medical expert coordination and testimony
• Serious injury analysis and mitigation
• Multi-victim case management

Expert Witness Network: Top professionals nationwide

• Board-certified accident reconstructionists
• Biomechanics and injury causation experts
• Toxicology and pharmacology specialists
• Medical experts in all specialties
• Economic and financial experts

Proven Results: Case success history

• Dismissals based on causation defenses
• Not guilty verdicts in jury trials
• Charge reductions to lesser offenses
• Probation instead of prison sentences
• Reduced victim restitution amounts

Comprehensive Investigation Capabilities

Accident Reconstruction: Scientific analysis

• Independent accident scene investigation
• Computer simulation and modeling
• Physics-based causation analysis
• Event data recorder analysis
• Proving alternative accident causes

Medical Investigation: Injury analysis

• Independent medical examinations
• Medical record review by experts
• Pre-existing condition identification
• Injury severity mitigation
• Treatment necessity and reasonableness review