Facing Intoxication Assault Charges in San Antonio? Your Guide to the Third-Degree Felony That Can Alter Your Life

An arrest for Intoxication Assault—often called DWI with Serious Bodily Injury—is one of the most severe legal crises you can face in Texas.

This is not a standard DWI; it is a third-degree felony that carries the potential for years in state prison and creates a permanent felony record. At Barton & Associates, Attorneys at Law, we understand that these charges often stem from a single, catastrophic moment. The emotional weight is immense, and the legal response is unforgiving. Prosecutors, driven by the serious nature of the injury, will pursue these cases with maximum aggression. Your freedom, your driver’s license, and your future are under immediate threat. From the moment of arrest, you are in a fight that demands an expert, relentless, and scientifically-informed defense.

What is Intoxication Assault Under Texas Law?

Under Texas Penal Code Section 49.07, a person commits intoxication assault if they cause serious bodily injury to another person “by accident or mistake” while operating a motor vehicle in a public place and by reason of that intoxication.

It is crucial to understand the three core elements the prosecution must prove beyond a reasonable doubt:

1. Operation While Intoxicated: You were operating a vehicle while legally intoxicated. In Texas, “intoxicated” means either:
   1. Not having the normal use of mental or physical faculties due to alcohol, drugs, or a combination; or
   2. Having a blood alcohol concentration (BAC) of 0.08 or more.
2. Causation (“By Reason of That Intoxication”): Your intoxication—not just your driving—must be the cause of the accident. This is known as “but-for” causation: the serious injury would not have occurred but for your impaired state.
3. Serious Bodily Injury: The victim sustained an injury that meets Texas’s high legal threshold. “Serious bodily injury” is specifically defined as an injury that:
   1. Creates a substantial risk of death; or
   2. Causes serious permanent disfigurement; or
   3. Results in protracted loss or impairment of the function of any bodily member or organ.

This charge applies not only to car and truck accidents but also to incidents involving boats, airplanes, and amusement rides.

The Severe Penalties for an Intoxication Assault Conviction

The consequences of a conviction are designed to be punitive and life-altering. As a third-degree felony, the standard penalties include:

• Prison Sentence: 2 to 10 years in the Texas Department of Criminal Justice.
• Substantial Fines: Up to $10,000.
• Driver’s License Suspension: Loss of driving privileges for up to 2 years.
• Mandatory Jail as a Condition of Probation: If granted probation, the law requires a minimum of 30 days in county jail.
• Community Service: A minimum of 160 hours, up to 600 hours.

Aggravating Factors That Increase the Severity

The penalties can become dramatically worse if certain aggravating factors are present, elevating the charge to a more serious felony:

• Victim is a Firefighter or EMS Personnel injured in the line of duty. Second-Degree Felony, 2 to 20 years
• Victim is a Peace Officer or Judge injured in the line of duty. First-Degree Felony 5 to 99 years, or life
• Use of a Deadly Weapon (which can include the vehicle itself under certain circumstances.) Second-Degree Felony, 2 to 20 years

The Lifelong Collateral Consequences

A felony conviction brands you with a permanent record that constitutes a “civil death,” affecting every aspect of your future:

• Permanent Felony Record: This will appear on all background checks, destroying opportunities for employment, housing, and loans.
• Loss of Professional Licenses: Careers in law, medicine, nursing, real estate, teaching, and commercial driving will be terminated.
• Loss of Fundamental Rights: You will lose the right to vote (while incarcerated/on parole), serve on a jury, and own firearms.
• Financial Ruin from Civil Liability: A criminal conviction provides irrefutable evidence for a civil wrongful death or personal injury lawsuit, leading to potentially massive financial judgments against you.

Building Your Defense: Challenging the State’s Case at Every Element

At Barton & Associates, we mount a multi-front defense that attacks the weakest links in the prosecution’s chain of evidence. Successfully challenging any one of the core elements can lead to reduced charges or a case dismissal.

1. Challenging the Evidence of Intoxication

The state’s scientific evidence is not infallible. We conduct a forensic investigation to find flaws:

• Blood Test Analysis: We scrutinize the chain of custody from the blood draw to the lab analysis. We challenge the lab’s accreditation, methodology, and potential for contamination. We often seek independent retesting.
• Breath Test Scrutiny: We subpoena all calibration, maintenance, and diagnostic records for the breathalyzer machine. We challenge the operator’s training and the administration of the test.
• Field Sobriety Test (FST) Reliability: FSTs are highly subjective. We cross-examine the officer’s observations and provide alternative explanations for poor performance (e.g., injuries from the crash, medical conditions, nervousness, or improper test administration).

2. Attacking the Causation Element

This is often the most powerful defense strategy. We argue that the accident and resulting injury were not caused by your intoxication. Using accident reconstruction experts, we demonstrate that other factors were the true cause:

• The other driver ran a red light or failed to yield.
• Dangerous road conditions or poor weather caused the crash.
• A sudden mechanical failure occurred.
• The victim’s own actions contributed to the accident.

If we can create reasonable doubt that your impairment was the “but-for” cause, the state’s case fails.

3. Questioning the “Serious Bodily Injury”

Not all significant injuries meet Texas’s strict legal definition. We work with medical experts to review records and argue that the injury, while unfortunate, does not constitute “serious bodily injury” as defined by law. Case law shows that injuries like torn cartilage requiring surgery or a cracked pelvic bone have been found not to meet this high threshold.

4. Filing Pre-Trial Motions to Suppress Evidence

If the police violated your constitutional rights during the stop, arrest, or investigation, we file aggressive motions to suppress evidence. If the judge agrees that evidence was obtained illegally—such as through an unlawful traffic stop or a coerced blood draw—that evidence can be thrown out, often crippling the state’s case.

The Critical First Steps to Take Immediately

From the moment of the accident, the system mobilizes against you. Your immediate actions are paramount.

1. INVOKE YOUR RIGHT TO REMAIN SILENT. Do not speak to police, investigators, or anyone at the scene about what happened. Do not apologize or speculate. Anything you say will be used as evidence of guilt. State clearly: “I am invoking my Fifth Amendment right to remain silent. I will not answer questions without my attorney.”
2. DO NOT CONSENT TO ANY SEARCHES. You are not obligated to consent to a search of your vehicle or belongings without a warrant.
3. DOCUMENT THE SCENE. If you are able and it is safe, use your phone to take photographs of the vehicles, road conditions, traffic signs, and any visible injuries. This evidence can be crucial later.
4. CONTACT BARTON & ASSOCIATES IMMEDIATELY. This is a 24/7 legal emergency. We will intervene with law enforcement, begin our independent investigation to preserve evidence, and protect your rights from the very start.

Why Barton & Associates is Your Essential Defense Team

An Intoxication Assault charge requires a law firm with specific expertise in felony-level DWI defense, a deep understanding of forensic science, and the resources to fight the state’s full prosecutorial power.

• Former Prosecutorial Insight: Our attorneys have prosecuted these complex cases. We know the strategies, evidence priorities, and legal arguments used by the state, allowing us to anticipate and counter them effectively.
• Network of Expert Witnesses: We have the resources to hire top accident reconstructionists, forensic toxicologists, and medical professionals to challenge the state’s experts and provide testimony for your defense.
• Trial-Tested Aggressiveness: We prepare every case for trial. Prosecutors know we are fully willing and able to take these cases to a jury, which gives us significant leverage in negotiations and ensures we build the strongest possible defense.
• Compassionate Guidance in Crisis: We understand the profound fear and stress you are under. While we fight with unmatched aggression in court, we provide the clear, steady guidance you and your family need to endure this process.

Your Future Hangs in the Balance. Contact Us Now.

An Intoxication Assault charge is a legal catastrophe that mandates an emergency response. The potential for a decade in prison, followed by a lifetime of collateral consequences, is real. Hoping for leniency or relying on an inexperienced attorney is a direct path to a life-altering conviction.

Do not speak to authorities. Do not wait. Your future depends on the call you make right now.

Contact Barton & Associates, Attorneys at Law, immediately at 210-500-0000 for a confidential and urgent case evaluation. We will take immediate, decisive action to protect your rights and begin the fight to save your future.

Main Category: Criminal Defense
Practice Area Category: DWI & Intoxication
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000