If you live in Denton County or anywhere else in Texas, you know it’s
against the law to
drink and drive. It’s also illegal to drive under the influence of illegal drugs
or lawfully-prescribed medications. If you drive while impaired by alcohol
or drugs and you seriously hurt someone else, you could face intoxication
assault charges under
Section 49.07 of the Texas Penal Code.
Under Sec. 49.07(a) of the Penal Code, you commit the offense of intoxication
assault if by accident or mistake, you cause serious bodily injury to
another person while
Under Sec. 49.01(2), “intoxicated” means “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.”
What Counts as Serious Bodily Injury?
What does Sec. 49.07 mean by serious bodily injury? It means an injury
that creates a substantial risk of death, or an injury that causes:
- Serious permanent disfigurement, or
- Protracted loss of a bodily member or organ, or
- Protracted impairment of a function of any bodily member or organ.
There are many ways that you can injure someone else in a drunk or drugged
driving accident to the extent that you’re charged with intoxication
assault. The victim can even make a complete recovery eventually, and
you can still face this serious charge.
Suppose the victim had a traumatic brain injury. Though they healed within
a year of the accident, the injury itself placed the victim at serious
risk of death. If it weren’t for the high-quality hospital care
they received, they wouldn’t have made it.
If the victim broke their arms or legs, or broke their neck, or couldn’t
walk for three months after the accident – these would all be considered
serious injuries, and could lead to intoxication assault charges.
Intoxication assault is a
third-degree felony, punishable by 2 to 10 years in prison and by a fine not to exceed $10,000 under
Sec. 12.34 of the Penal Code.
Penalties for DWI in Denton, Texas
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Contact us today to get started.