Attorneys of Hoelscher Gebbia Cepeda PLLC walking

San Antonio Intoxication Assault Attorney

When a DWI (Driving While Intoxicated) case involves someone being seriously injured, then it can be charged as intoxication assault, a third-degree felony. Intoxication assault cases involve all of the technical matters of a DWI case, plus medical experts and a victim. That is why you need an experienced San Antonio intoxication assault lawyer. These cases are especially difficult for clients when the injured person is a friend or family member.

How Our San Antonio Intoxication Assault Attorneys Can Help

At Hoelscher Gebbia Cepeda, PLLC, our San Antonio criminal defense attorneys know that our intoxication assault clients are dealing with more than felony charges. We know that our clients deal with the grief of unintentionally injuring another person seriously. We consult with and refer our clients to experts who can help them with their trauma resulting from being charged with and being involved in an intoxication assault.

Potential Consequences of an Intoxication Assault Conviction in Texas

The legal consequences of intoxication assault are severe, too. Intoxication assault is a third-degree felony with a sentencing range of between two (2) and ten (10) years in prison. Under Texas Penal Code § 49.09, if the person caused serious bodily injury by a drunk driver is a law enforcement officer, firefighter, or emergency medical services personnel then it can be enhanced. An enhanced intoxication assault charge is a Second-Degree Felony carrying a sentence of between two (2) and twenty (20) years in prison.

However, the state must prove that the injury was the result of the accused driver’s actions and that the injury rises to the legal level of “serious bodily injury.” These issues can be hotly contested, even when intoxication cannot.

The legal consequences of intoxication assault begin even when a client has not been convicted. Texas state law requires special conditions of bond in most cases, such as an ignition interlock device, Antabuse medication, driver’s license suspension, a SCRAM ankle monitor, or other measures. Additionally, persons accused of Intoxication Assault may have their Driver’s Licenses suspended before conviction. Where the injured person is a child passenger, but sometimes even when it is an adult stranger, Texas Child Protective Services may get involved and restrict your access to your children.

Intoxication assault charges require skilled, experienced counsel who is familiar with both DWI defense and felony trials, as these cases often require a jury trial. Intoxication assault is a life-altering situation, but by focusing on our clients’ needs, using skilled experts, and relying on our trial experience, the consequences can be minimized for our clients and their families.

Texas Penal Code § 49.07 Intoxication Assault

(a) A person commits an offense if the person:

  1. operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
  2. is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.

(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) An offense under this section is a felony of the third degree.

When the victim of an intoxication assault case dies, then the accused can be charged with Intoxication manslaughter, a more serious charge.

Reach Out a San Antonio Intoxication Assault Attorney

Contact Hoelscher Gebbia Cepeda, PLLC in San Antonio, Texas, after an arrest to learn how we can put our experience and resources to work protecting your rights and interests. Call (210) 222-9132 or complete our online contact form.