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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."




(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.

This means that if you were intoxicated and driving at 65 miles per hour in a 70 mile per hour zone and another driver swerves into your lane and collides with your vehicle and they are injured, you may be found Not Guilty because your conduct may have been clearly insufficient to produce the wreck. 

Nobody outside of my car was hurt.  Can I still be charged with Intoxication Assault? When someone crashes their vehicle into a ditch or tree or some other inanimate object the only people who are hurt are typically the driver and someone they know who is a passenger in the vehicle.  Charges are not often pushed by friends or family members in this situation. 


However the State of Texas can still charge you for the injuries inflicted on this person.  A husband or wife can be charged for injury to their spouse even if they were a passenger in the vehicle and even if the spouse doesn't want to press charges.  A brother can be charged for injury to a sister who was the passenger in his vehicle compounding stress for parents dealing with serious injury to one child and criminal charges on another.  So what is the answer to the question, "Can I be charged with Intoxication Assault if they were in my car?"  Yes you can be charged, but it doesn't mean you have to be convicted or spend time in prison because of it.  Call an experienced defense attorney to get a consultation.​ 

What is the punishment for an Intoxication Assault Charge?
A Intoxication Assault Charge is a Third Degree Felony punishable by a minimum of 2 years in prison and up to a maximum of 10 years in prison and a $10,000 fine.  Under certain circumstances you may be eligible for probation for a period of up to 10 years. 

If the person injured is a Police Officer or Firefighter then the offense is a Second Degree Felony punishable by a minimum of 2 years in prison and up to a maximum of 10 years in prison and a $10,000 fine.  This offense is also eligible for probation for a period of up to 10 years under certain circumstances. 

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