Written by attorney Jackson Brandon Fulgham

Causing Serious Bodily Injury in a DWI Accident is a Felony

The state of Texas takes drinking and driving very seriously, especially when someone is injured as a result. When a person causes serious bodily injury to another human being in a DWI accident – it is referred to as “intoxication assault," which is prosecuted as a felony in this state.

What is intoxication assault? Under Texas Penal Code §49.07 a person is guilty of intoxication assault when they cause serious bodily injury to another person as a result of intoxication. This section applies specifically to causing serious bodily injury by accident or mistake while operating an aircraft, watercraft, amusement ride, or while operating a motor vehicle in a public place while intoxicated. This also includes people who assemble mobile amusement park rides while intoxicated that subsequently cause serious bodily injury as a result of poor-quality assembly and installation.

Serious bodily injury refers to injuries that create a substantial risk of death or that causes serious permanent disfigurement or protracted (lasting an extended period of time) loss or impairment of the function of a body part or organ. Intoxication assault is a felony in the third degree. Punishments for a third degree felony include fines up to $10,000, incarceration for 2 to 10 years, and from 160 to 600 hours of community service.

The criminal justice system has a very low tolerance for those who drink and drive, especially when an innocent person is seriously injured as a result of that intoxication. Unfortunately, intoxication assault is the byproduct of a very large mistake. Even the most productive citizens can become entangled in intoxication assault charges, leaving them with a one-way ticket to the state penitentiary.

DWI happens to be one of the most common crimes committed by non-criminals. These people can be ordinary individuals who hold down a steady job, own their own home and have a family depending on them. These are also the very people who have the most to lose. If they lose their ability to drive, they could lose their jobs and the ability to take care of their family.

If you have been arrested for DWI ( charged with intoxication assault in Texas, you do not have a moment to lose in contacting an experienced criminal defense attorney. Intoxication assault charges are criminal charges that will be prosecuted to the full extent of the law if you are not properly defended. Your attorney will know the ins and outs of the criminal justice system, and they will know how to effectively present your case in a manner that paints you in a positive light. They will draw attention to you merits so the judge will understand the entire picture. Therefore, do not hesitate to contact a criminal defense attorney immediately!

Additional resources provided by the author

The Fulgham Law Firm, P.C. is a criminal defense firm located in Fort Worth, Texas. Their firm is a full service criminal defense firm representing clients faced with all types of criminal charges. Whether you are facing misdemeanor charges, or felony charges – their will work tirelessly to defend your legal rights throughout the entire process. In fact, they have helped a number of their clients received plea bargains, and lighter sentences on behalf of their efforts. If you choose to go with their firm, they will do everything within their means to help you achieve the best possible outcome in the charges against you! Don’t delay – contact a criminal defense lawyer by calling toll free at (817) 877-3030.

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