Intoxication Assault

How much time can I get if I am drunk and have an accident and someone gets hurt?

Intoxication Assault is a felony drunk driving offenses. A conviction can result in penalties of not less than two years and up to 10 years in prison, and/or a $10,000 fine, or probation for five years to 10 years and a mandatory driver’s license suspension.

Texas Penal Code Section 49.07. INTOXICATION ASSAULT. (a) A person commits an offense if the person, by accident or mistake: (1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or (2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another. (b) In this section, “serious bodily injury” means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. (c) Except as provided by Section 49.09, an offense under this section is a felony of the third degree.

The District Attorney must prove that you were driving while intoxicated and that your intoxication caused serious bodily injury to another through accident or mistake.


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