Intoxication Assault in Corpus Christi: Defending Against a Felony DWI That Changes Lives
A DWI is serious. But when an accident results in serious bodily injury to another person, the charge becomes exponentially more severe. Intoxication assault is a third-degree felony in Texas—punishable by 2 to 10 years in prison. In Corpus Christi and throughout the Coastal Belt, these cases are prosecuted aggressively. A crash on South Padre Island Drive, a collision on Staples Street, or an accident on the Crosstown Expressway can lead to charges that threaten your freedom, your career, and your future. When the stakes are this high, you need a defense attorney who understands the gravity of intoxication assault and will fight to protect your rights at every stage.
At Barton & Associates, Attorneys at Law, we defend individuals throughout Corpus Christi and the Coastal Bend who are charged with intoxication assault. Whether the alleged accident occurred on SPID, Interstate 37, or any other roadway in Nueces County, we provide the aggressive, knowledgeable representation you need to protect your freedom and your future. With extensive experience in the Nueces County criminal courts and a deep understanding of DWI defense, we guide our clients through every stage of the defense process.
Understanding Intoxication Assault in Texas
Intoxication assault is defined under Section 49.07 of the Texas Penal Code. The offense occurs when a person operates a motor vehicle in a public place while intoxicated and, by reason of that intoxication, causes serious bodily injury to another person.
Elements of the Offense
The state must prove:
- You operated a motor vehicle in a public place
- You were intoxicated (BAC of 0.08 or above, or loss of normal faculties)
- Your intoxication was the cause of serious bodily injury to another person
The state does not need to prove that you intended to cause harm—only that your intoxication was a contributing cause of the injury.
What Is Serious Bodily Injury?
Serious bodily injury is defined as injury that creates a substantial risk of death or causes permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. This can include:
- Broken bones requiring surgery
- Traumatic brain injury
- Spinal cord injury
- Loss of a limb or organ function
- Injuries requiring extensive hospitalization
Penalties for Intoxication Assault
Intoxication assault is a third-degree felony, punishable by:
- 2 to 10 years in the Texas Department of Criminal Justice
- Fine up to $10,000
- Driver’s license suspension (90 days to 2 years)
- Mandatory DWI intervention program
- Ignition interlock device (upon license reinstatement)
Enhanced Penalties
Certain circumstances can enhance the penalty to a second-degree felony (2 to 20 years):
- The victim was a peace officer, firefighter, or emergency medical services personnel
- The victim was a child under 15 years of age
- The offense involved a boat, aircraft, or other watercraft
How Intoxication Assault Charges Arise in Corpus Christi
Intoxication assault charges in Corpus Christi typically arise from:
Traffic Accidents
A serious accident occurs on South Padre Island Drive, Staples Street, the Crosstown Expressway, Interstate 37, or other Corpus Christi roadways. Investigation reveals that the driver was intoxicated, and a passenger or another driver sustains serious injuries.
Single-Vehicle Accidents
A driver loses control, crashes, and a passenger suffers serious injuries. The driver is charged with intoxication assault.
Multi-Vehicle Collisions
A drunk driver collides with another vehicle, causing serious injuries to the other driver or passengers.
Pedestrian Accidents
A driver strikes and seriously injures a pedestrian while intoxicated.
The Consequences of an Intoxication Assault Conviction
A conviction for intoxication assault carries consequences that extend far beyond the criminal sentence:
Criminal Penalties
- Prison time: 2 to 10 years (or 2 to 20 years if enhanced)
- Fine: Up to $10,000
- Parole eligibility: Must serve at least half of the sentence before parole eligibility
Driver’s License
- Suspension for 90 days to 2 years
- Annual surcharge of $1,500 for 3 years
- Ignition interlock required upon reinstatement
Felony Record
A third-degree felony conviction remains on your record permanently. It affects:
- Employment opportunities
- Professional licensing
- Housing applications
- Firearm rights
- Voting rights (during incarceration and while on parole)
Civil Liability
In addition to criminal penalties, you may face civil personal injury lawsuits from the injured victim.
Defending Against Intoxication Assault
A strong defense can mean the difference between a conviction and an acquittal, or between a long prison sentence and a lesser sentence. Common defense strategies include:
Challenging Causation
The state must prove that your intoxication caused the serious bodily injury. Your attorney may challenge:
- Whether the injuries meet the legal definition of serious bodily injury
- Whether the injuries were caused by the accident or by other factors
- Whether another driver’s actions contributed to or caused the accident
- Whether the victim’s own actions contributed to the injuries
- Whether the accident was unavoidable regardless of intoxication
Challenging Serious Bodily Injury
Your attorney may challenge whether the alleged injuries actually constitute serious bodily injury under the law. Medical records and expert testimony may be used to argue that the injuries do not meet the legal threshold.
Challenging the Traffic Stop or Accident Investigation
If the initial stop or accident investigation was flawed, your attorney may challenge:
- Whether the officer had reasonable suspicion to stop you
- Whether the investigation was conducted properly
- Whether evidence was improperly collected or preserved
Challenging Field Sobriety Tests
Field sobriety tests are not always reliable. Your attorney may challenge:
- Whether the tests were administered properly
- Whether the officer was properly trained
- Whether physical or medical conditions affected your performance
Challenging the Breathalyzer
Your attorney may challenge:
- Whether the Intoxilyzer 9000 was properly calibrated
- Whether the operator was certified
- Whether there were interfering factors (mouth alcohol, medical conditions)
- Whether the test was administered within the proper time frame
Challenging the Blood Test
Your attorney may challenge:
- Whether the blood was properly drawn
- Whether the chain of custody was maintained
- Whether the sample was properly stored
- Whether the test results are accurate
- Whether the blood draw was performed with a warrant or valid consent
Rising Blood Alcohol Defense
Alcohol takes time to absorb into the bloodstream. If you were drinking shortly before driving, your BAC may have been below 0.08 at the time of driving but rose above 0.08 by the time of the test.
Medical Conditions
Certain medical conditions can mimic signs of intoxication or affect test results, including:
- Diabetes
- Neurological disorders
- GERD
- Inner ear problems
Accident Reconstruction
Expert accident reconstruction can challenge the state’s theory of how the accident occurred and whether intoxication was the cause.
The Intoxication Assault Case Process
Understanding the process can help you navigate your case:
Step 1: Investigation
Following a serious accident, law enforcement conducts a thorough investigation. This may take weeks or months.
Step 2: Arrest or Indictment
You may be arrested at the scene or later indicted by a grand jury.
Step 3: Arraignment
At arraignment, you are formally advised of the charges and enter a plea (usually not guilty). Bond is often high, and conditions may include no driving.
Step 4: ALR Hearing
You have only 15 days from arrest to request an Administrative License Revocation (ALR) hearing. Failure to request the hearing results in automatic license suspension.
Step 5: Discovery
Your attorney obtains discovery from the prosecutor, including:
- Police reports
- Accident reconstruction reports
- Body camera footage
- Breathalyzer logs and calibration records
- Blood test results and chain of custody
- Medical records of the injured victim
- Witness statements
Step 6: Expert Witnesses
Your attorney may retain expert witnesses, including:
- Accident reconstruction experts
- Toxicology experts
- Medical experts
- Forensic scientists
Step 7: Pre-Trial Motions
Your attorney may file pre-trial motions to suppress evidence, challenge the stop, or exclude unreliable evidence.
Step 8: Negotiation
Your attorney negotiates with the prosecutor to seek a favorable resolution. Options may include:
- Dismissal of charges
- Reduction to a lesser charge (such as DWI)
- Plea agreement with a negotiated sentence
Step 9: Trial
If no agreement is reached, the case proceeds to trial. You have the right to a jury trial. The state must prove each element of the offense beyond a reasonable doubt.
Frequently Asked Questions About Intoxication Assault
What is the penalty for intoxication assault in Texas?
Intoxication assault is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.
What is the difference between intoxication assault and DWI?
DWI is a misdemeanor (or felony for repeat offenses). Intoxication assault is a felony that requires serious bodily injury to another person.
Can I get probation for intoxication assault?
Probation (community supervision) is possible in some cases, but it is not automatic. Factors include the severity of the injuries, your criminal history, and the circumstances of the accident.
What is serious bodily injury?
Serious bodily injury is injury that creates a substantial risk of death or causes permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
How long is the license suspension for intoxication assault?
Your driver’s license can be suspended for 90 days to 2 years. You will also face an annual surcharge of $1,500 for 3 years.
What is the blood alcohol limit for intoxication assault?
There is no separate limit. The standard DWI limit of 0.08 applies. The offense requires that you were intoxicated at the time of the accident.
How long does an intoxication assault case take?
These cases often take longer than other DWI cases due to the complexity of the investigation, accident reconstruction, and medical records. Cases can take a year or more to resolve.
Will I lose my license immediately?
Your license may be suspended administratively through the ALR process. You have only 15 days from arrest to request a hearing.
Can I be sued civilly as well as criminally?
Yes. The injured victim may file a personal injury lawsuit against you. An intoxication assault conviction can be used as evidence in the civil case.
Do I need an attorney for intoxication assault?
Yes. Intoxication assault is a serious felony that can result in years in prison and lifelong consequences. An experienced criminal defense attorney can help you understand your rights, challenge the evidence, and protect your future.
Why Barton & Associates Is the Right Choice for Your Defense
Intoxication assault is a serious felony that can result in years in prison, the permanent loss of your rights, and lifelong consequences for your career and family. At Barton & Associates, Attorneys at Law, we have extensive experience defending individuals against intoxication assault charges in the Nueces County criminal courts.
Our attorneys understand the nuances of DWI defense, accident reconstruction, medical evidence, and the strategies for challenging causation and serious bodily injury. We work closely with our clients to investigate the facts, retain expert witnesses, and develop a defense strategy tailored to the unique circumstances of each case.
We also understand that an intoxication assault charge is devastating for everyone involved. Our attorneys approach these cases with compassion and dedication, helping our clients navigate the legal system while protecting their rights, their freedom, and their future.
Protect Your Freedom and Your Future Today
If you are facing intoxication assault charges in Corpus Christi, your freedom and your future are on the line. A conviction can result in years in prison, the permanent loss of your rights, and lifelong consequences. Do not wait. The decisions you make now will determine the outcome of your case.
Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.
Reach out today—let us help you defend against intoxication assault charges and protect your future.
Main Category: Criminal Defense Corpus Christi
Practice Area Category: DWI & Intoxication
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780
