Intoxication Assault - Texas
Intoxication Assault Charges in Texas, Montgomery County, The Woodlands, Conroe, and Houston can be some of the most difficult charges to handle for Criminal Defense Attorneys. Brian Foley is a Criminal Defense Attorney in Montgomery County and worked on the Vehicular Crimes Team when he was a prosecutor. Brian was dispatched to the scene of serious DWI and intoxication offenses like Intoxication Assault and Intoxication Manslaughter. Put a former chief prosecutor on your side today!
Can you beat an Intoxication Assault case with a blood test?
There are no open and shut criminal case. The State of Texas will have the burden to prove not only that the driver of a vehicle was intoxicated but that the intoxication caused the injury to the third party. An injury must also be considered serious bodily injury which is a special legal term. You can still fight Intoxication Assault charges even when the police have collected a sample of your blood. An experienced DWI lawyer in Conroe, the Woodlands, or Houston can help you fight a DWI arrest if you have consented to a blood test or the police took your blood after getting a warrant.
What is the Causation defense? Every Intoxication Assault charge is a mistake. Nobody means to hurt another person in a car wreck. In fact the statute under Texas Penal Code 49.07 will not allow for a conviction unless the prosecution proves that it was "by accident or mistake."
Sec. 49.07. INTOXICATION ASSAULT.
(a) A person commits an offense if the person, by accident or mistake:
(1) . . . while operating a motor vehicle in a public place while intoxicated, [and] by reason of that intoxication causes serious bodily injury to another . . .
The language "by reason of that intoxication causes" is almost always the most important part of any Intoxication Assault trial. There are many reasons why someone may have been hurt in a traffic collision.
There may have been intervening causes like other cars or the driver of the other vehicle.
Road construction may be poor and lead to increased risk of collision.
Weather Conditions may have contributed to poor driving conditions.
If there are other reasons other than intoxication that show the same result would have occurred then you may be found not guilty of Intoxication Assault due to a lack of proof on the element of causation.
Concurrent Causation Concurrent causation is defined in Texas Penal Code §6.04(a),
A person is criminally responsible if the result would not have occurred but for his conduct, operating alone or concurrently with another cause, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the actor clearly insufficient.