Everyone is aware that drunk-driving laws are in effect in Texas and every other state in the union. If you are facing DWI-related charges in Fort Worth, contact my firm at once for a free consultation. Intoxication, as defined by the Texas Penal Code, means: (a) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or. pp. Available 24/7 | Se Habla Español. … This website is for informational purposes only. When a DWI results in serious bodily injury the prosecutors and judges are particularly harsh. Voluntary intoxication refers to the knowing intake of alcohol and/or some other drug or intoxicating substance. 49.07(c) explains that a first offense for intoxication assault is a third-degree felony. 132-154,' is Intoxication assault is a serious criminal offense under Texas law that is treated differently from ordinary assault. In Texas, a first offense DWI is a misdemeanor which can land you up to six months in the county jail, and a fine up to $2000. Intoxication was present as an aggravating factor in all types of assault offences: on average intoxication it was present in around 26.31 per cent of assault offences since the new guideline’s introduction; making it the most common form of aggravation in assault offences. The bottom line is that Intoxication Assault is a complicated offense for the State to prove, and for your attorney to defend. Call us today! Consent is not a defence when the complainant is a child under 16 years: s 77. ] Pina-Sánchez, J (2017) Intoxication and assault: an analysis of Crown Court sentencing practices in England and Wales. (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… It is punishable from 2 - 10 years in prison and can carry a maximum fine of $10,000. Knowing what intoxication assault means in Texas, we hope you call the DWI defense team at Law Offices of Randall B. Isenberg today to discuss your options at (214) 696-9253. Due to the amount of science involved, you should expect your attorney to have specialized expertise in the defense DWI-type cases. The State must also prove that the defendant’s intoxication was a necessary causal factor in the resulting injuries involved. Most of those strategies start with attacking the prosecution’s underlying case of driving while intoxicated. I will refer to rape as any physically forced sexual activity. Unlike a first-offense misdemeanor DWI, this offense is a felony for which you could be sentenced to the state penitentiary. Intoxication assault is considered a 3rd degree felony in the state of Texas, which may result in a range of penalties: As you can see, an intoxication assault charge can impact your life for years to come. Under Texas law, this means a potential fine up to $10,000, 2-10 years of jail time, and 160-600 community service hours. What Does Intoxication Assault Mean In Texas? Normally, the codes just say that students who are incapacitated can’t consent. Your attorney should know the best approach to use based upon the specific facts of your case. When possible, a lawyer will work to protect your driving privileges, so you can continue going to work, school, and running errands without added burdens. That is not to say that you will be doing that time, but that is the penalty range for this type of case. An attorney will take the time to review the evidence and explain the charges you face, as well as the possible consequences you may face. The offense of DWI is a complicated crime unto itself, and there are many tactics available to defend against the charge. Intoxication Assault is usually a third degree felony which is subject to a penalty range of not less than two, nor more than 10 years’ incarceration in the state penitentiary, and a fine not to exceed $10,000. For instance, if the State is relying on breath test results to prove intoxication, oftentimes the defense will attack the science of the intoxilyzer instrument itself, which will involve intense cross-examination of the prosecution’s expert witness with the objective of discrediting the science of infrared spectrometry breath alcohol instruments. You will also lose your driver’s license, which will cost you time, money, and considerable effort to have reinstated. Intoxication assault, also known as driving while intoxicated (DWI) with serious bodily injury, is defined as an offense that occurs while operating a vehicle, aircraft, watercraft, or amusement park ride while intoxicated from alcohol and/or drugs and results in serious bodily injury to another person. Because I specialize in DWI cases, I’m well versed in the intricacies of intoxication assault cases. How to use intoxicated in a sentence. An attorney can help you protect your rights. Our team is here to help you navigate these charges and work to protect your future. Vehicular or Intoxicated Assaults, and Intoxicated Manslaughter usually involve 1) Traffic Accidents 2) Death or Serious Injury 3) One of the Drivers (usually the driver at fault) is suspected of being under the influence of drugs or alcohol. As mentioned above, in order to prove a person guilty of Intoxication Assault, the State must first show that the defendant was guilty of DWI. Sexual assault and intoxication: Reasonable Doubt In the eyes of the law, being drunk doesn't mean you can't consent to sex – trial judges are required to … Some states call their law Driving Under the Influence (DUI). “Serious bodily injury,” as defined by the statute creating Intoxication Assault, is an injury which 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.” This definition is a mouthful, and sounds like an extremely high standard. Intoxication assault shares these four elements of basic DWI charge, all of which must be proved for a conviction: To do this, he may employ a variety of defense strategies, such as involuntary intoxication, showing the other person contributed to their injuries, or argue the intoxication test was inaccurate or improperly performed. You may also be able to retain your driving privileges. 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