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What are the Penalties for DWI with an Injury?


If an intoxicated person causes serious bodily injury to someone else, it is considered intoxication assault under Texas Penal Code §49.07.
In the state of Texas, intoxication assault is treated as a serious crime, and will be prosecuted as a felony. In order to defend your future from serious and harsh penalties, its best to understand everything you can about the charges you face.

Defining Intoxication Assault

When one person causes serious bodily injury to another while driving intoxicated in a public place, it is considered intoxication assault. Serious bodily injury, here is defined as any damage that causes loss of function or impairment of an organ or body part, serious or permanent disfigurement, or creates a risk of death.

The penalties for a DWI are not limited to drivers of cars. Any person operating an aircraft, watercraft, amusement park ride, or any other type of vehicle, while intoxicated is liable and could be charged with intoxication assault if they seriously injure another person.

Penalties of Intoxication Assault

The consequences of seriously harming another individual as the result of driving while intoxicated are steep, indeed. A DWI that causes serious injury is addressed as a third degree felony. The results may be very severe, and include excessive fines, jail time, and/or community service.

Possible penalties for intoxication assault include:

  • A minimum of 2 years, and a maximum of 10 years in prison
  • Up to $10,000 in fines
  • Community service for a minimum of 160 hours and maximum of 600

In the event of a probate sentence, there will be a minimum 30-day jail sentence. Additionally, if the vehicle was driven in a dangerous manner, it could be considered a “deadly weapon,” which could increase the severity of the charges. If convicted, you will also have a third degree felony on your record, which could significantly impact your ability to find suitable housing and employment in the future.

To protect your future, seek the aggressive, competent legal representation from the attorneys at Tyler Flood & Associates. Everyone makes mistakes, and it is our singular goal to make sure that you don’t pay for yours for the rest of your life. At Tyler Flood & Associates, our legal team will fight hard to protect your rights and freedoms, leaving no stone unturned and no resource untapped in order to defend you.

Not only are we Board Certified in Criminal Defense, we also have the experience you need, having taken over 250 cases to trial and handled thousands of DWI cases. When it comes to Texas DWI charges, we know the law and we know how to represent you and work for your best interest, securing the best possible outcome.

Contact Flood Lewis & Associates, Inc. today for help with your DWI intoxication assault charge.

Tyler Flood
By: Tyler Flood
Jun. 01 2017
Posted in DWI

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