Intoxication assault, as defined in Texas Penal Code Sec. 49.07: Intoxication Assault, occurs when someone who is intoxicated by alcohol or drugs causes “serious bodily injury” to another person in an accident or incident.
A serious injury may include one that could lead to death, an injury that causes permanent disfigurement, or an injury that causes a loss of function of a body part.
Activities That Fall Under Intoxication Assault
Texas Penal Code Sec. 49.07 covers several activities. While driving while intoxicated and causing an injury crash is the most well-known, the other activities included bring the same charges and are just as serious. They include:
Operating an Aircraft While Intoxicated
A pilot who flies a plane or helicopter while drunk or drugged can face intoxication assault charges if they cause an accident which results in another party suffering serious injuries. This is true regardless of whether the plane is private or commercial.
Boating While Intoxicated
If someone operates a boat while drunk or drugged, accidents can occur. If that accident causes another person to suffer injuries, the boat operator can face intoxication assault charges.
Assembling or Operating an Amusement Ride While Intoxicated
The assemblers and operators of amusement park rides need to follow specific protocols to keep everyone safe and have special procedures to go through if there is any type of incident. If someone was on drugs or drinking while assembling or operating an amusement park ride, they can face charges if an accident with injuries occurs.
Intoxication Assault Convictions Come With Serious Penalties
In most cases, intoxication assault is a felony of the third degree. Possible penalties if convicted include:
- Two to 10 years in prison; and
- Up to $10,000 in fines
In some cases, there are enhanced offenses and penalties related to an intoxication assault charge. These include:
A Felony of the Second Degree
This offense may be a felony of the second degree if the person injured in a crash or accident was a firefighter or emergency medical services provider working at the time of the incident.
Penalties following a conviction may include:
- Two to 20 years in prison; and
- Up to $10,000 in fines
A Felony of the First Degree
You could face a felony of the first-degree conviction if the prosecutors can prove that the injured party was a police officer or judge who was working at the time of the accident.
Penalties of a first-degree felony in Texas include:
- Five to 99 years, or life, in prison; and
- Up to $10,000 in fines
If the person dies from their injuries, you can face intoxication manslaughter charges.
Talk to a Texas Drunk Driving Attorney About Your Intoxication Assault Arrest
If the police arrested you following a Texas accident and you fear you may face intoxication assault charges — or if there are already charges filed against you — the team from Eddington Worley can help. Let us review your case. We will go to work protecting your rights and developing a strong defense strategy based on the facts of your case.
Call us today at 855-600-6695 to learn more.
