§ 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.
As of September 1st, 2009, blood draws may be performed for these types of cases without a warrant.