Fiercely Advocating for Clients Charged With DWI-Related Crimes
If you have been accused of operating a motor vehicle while intoxicated and causing injury to another person, you must hire an experienced intoxication assault defense lawyer immediately. Under Texas law, intoxication assault is classified as a third-degree felony and, under special circumstances, can be enhanced to a second-degree felony.
Texas has stiff penalties for intoxication assault, and individuals who are convicted are branded as convicted felons. Individuals who are convicted of a felony often find it challenging to obtain gainful employment, suitable housing, obtain government or student loans, or legally possess or own a firearm.
For these reasons, Drehner Law of Houston, TX, is a law firm that provides a solid legal defense to individuals charged with intoxication assault. If you or a loved one are facing charges, contact our Houston law offices and ask to schedule a free, confidential consultation to discuss your case and determine what legal strategies may be available.
What is the Crime of Intoxication Assault?
An individual may be charged with intoxication assault if they operate a motor vehicle under the influence on a public road and cause serious bodily injury to another person. An individual may still be charged with intoxication assault even if the incident was the result of a mistake.
Intoxication assault, also called DWI assault, is a serious offense in the eyes of the Texas criminal justice system. Generally, intoxication assault is charged as a third-degree felony. However, if the accident injures a police officer, firefighter, or any other type of emergency personnel, the defendant could be charged with a second-degree felony.
Texas has strict rules that deal with DWI. Therefore, if you or a family member have been charged with intoxication assault, you must hire a highly trained lawyer immediately who can fight to protect your reputation and your freedom.
Contact Drehner Law of Houston to learn more about the legal services we provide and how we may be able to help.
Can a Person Be Sent to Prison if Convicted of Intoxication Assault?
Defendants who have been convicted of intoxication assault can face a significant amount of time in prison accompanied by a steep fine. If convicted of a third-degree felony associated with intoxication assault, the offender could be sentenced to two to 10 years and a fine ranging up to $10,000.
If the offender was charged with a second-degree felony due to a police officer or other public servant being injured, if convicted, they could be sentenced to two to 20 years in prison along with a $10,000 fine.
Additional penalties associated with intoxication assault (DWI assault) include:
- A license suspension for 90 days to one year for those convicted of their first DWI assault offense.
- For a second DWI assault offense, or within 5 years of the previous offense, the offender’s license could be suspended for 90 days to one year plus an additional year.
- For offenders previously convicted of any DWI offense within the past 5 years, their driver’s license can be suspended for one to two years.
Other penalties associated with intoxication assault include the offender being ordered to complete up to 1,000 hours of community service, mandatory completion of drug or alcohol counseling, and installation of an ignition interlock device (IID).
If you are still trying to determine the Texas penalties associated with being convicted of intoxication assault, contact Drehner Law of Houston so that we may answer your legal questions.
How Can You Win an Intoxication Assault Case?
Many individuals make the mistake of pleading guilty or no contest to DWI charges to get on with their lives. However, a prosecutor must prove an individual is guilty of an offense beyond a reasonable doubt.
The legal elements that a prosecutor must prove in an intoxication assault case include:
- The defendant was operating a motor vehicle in a public place while legally intoxicated.
- As a result of being intoxicated, the defendant caused serious bodily injury to the victim.
Even though law enforcement officials often utilize field sobriety tests to determine if an individual is intoxicated, they are often flawed. The results of field sobriety tests cannot solely be relied on as the “results” are based on the officer’s conclusions. Additionally, field sobriety tests do not take into account any of the driver’s physical or mental impairments.
Another resource prosecutors use is the results of chemical tests such as breath or blood tests administered by the police. Just as with field sobriety tests, chemical tests are often inaccurate.
A skilled attorney can examine the evidence and may be able to challenge the results of the tests. Some valid reasons to challenge the results in an intoxication assault case include:
- An unqualified officer conducted the test.
- The test was improperly administered.
- Improper calibration of testing equipment.
- It took too long to administer the test.
Based on the circumstances involved in the case, a knowledgeable intoxication assault defense lawyer may be able to file a Motion to Suppress, requesting the test results be thrown out.
Can I Depend on Your Law Firm to Provide Me Quality Legal Services in My Intoxication Assault Case?
If you or a family member have been arrested on intoxication assault charges, you must hire an experienced attorney who knows what it takes to get results. Drehner Law of Houston, TX, is a law firm dedicated to helping individuals fight to protect their freedom and driver’s licenses.
If we take your case, we will thoroughly review the evidence, such as chemical test results, witness statements, and official law enforcement reports. Our highly trained criminal defense attorney has in-depth knowledge of what it takes to win intoxication assault cases and is fearless when it comes to standing up to prosecutors.
Our legal team recognizes this is a stressful and overwhelming time for you and your family. For this reason, we strive to treat clients with the compassion and dignity they deserve.
Contact Drehner Law at our Houston law office by calling 832-626-0063 and ask to schedule a free no-obligation consultation so that we may review your case and answer your questions.