Intoxication Assault in Corpus Christi: Proving Serious Injury, the 2 to 10 Year Range and Probation Rules

When a crash leaves someone badly hurt and the driver is suspected of drinking, an ordinary DWI can become a third-degree felony prosecuted in a Nueces County district court. Impairment alone is not enough for that charge. The State must also show a serious bodily injury to another person and a direct link between that injury and your intoxication. A Corpus Christi DWI attorney begins by collecting the crash report, the blood or breath results and the injured person’s medical chart, since those records decide most of these cases and some of them are hard to obtain after the first few weeks.

This guide explains what Section 49.07 requires, how the punishment range works and what raises it, who can grant probation and what a deadly weapon finding does, how the injury and the cause of the crash are tested, how a Nueces County case moves, the evidence, passengers and the injured person’s wishes, boats and military property, license consequences, and what to do first. We also correct several claims about this charge that appear on other websites and do not match the statute, such as the number of years and the factors said to raise the grade.

What Section 49.07 Requires

Intoxication assault is defined in Penal Code Section 49.07. The prosecutor has the burden on each of these five points, and a gap in any one of them is a gap in the case:

A covered vehicle. A motor vehicle in a public place, or an aircraft, a watercraft or an amusement ride. The statute also reaches a person who assembles a mobile amusement ride while intoxicated.
Intoxication. Under Section 49.01 that means either an alcohol concentration of 0.08 or more or the loss of the normal use of your mental or physical faculties because of alcohol, a drug or another substance.
Serious bodily injury to someone else. Harm you suffered yourself does not count toward the offense.
A causal link. The injury must occur by reason of the intoxication, which is more demanding than showing you were impaired somewhere in the crash.
Accident or mistake. The offense covers harm that was not intended, so the State never needs to show that you wanted anyone hurt.

If the State cannot prove who was driving, the rest of its evidence matters much less. That question comes up more often than people expect when there were several people in the car or when someone left before officers arrived.

The Punishment Range and What Raises It

The offense is a felony of the third degree unless Section 49.09 changes it. Many websites describe it as a second-degree felony with 2 to 20 years in prison. That is the range for intoxication manslaughter, which requires a death, and the mix-up can lead people to misjudge their exposure.

The ordinary case. A third-degree felony carries 2 to 10 years in prison, and the court may add a fine of as much as $10,000 (Penal Code Section 12.34).
Two upgrades to second degree. The first is an injured firefighter or emergency medical services worker who was performing an official duty (Section 49.09(b-1)). The second is a traumatic brain injury that leaves the injured person in a persistent vegetative state (Section 49.09(b-4)). Either way the range becomes 2 to 20 years (Section 12.33).
First degree. Section 49.09(b-1) also makes the offense a first-degree felony when the injured person was a peace officer or judge performing an official duty. The range is 5 to 99 years or life (Section 12.32).
An earlier felony. If the State proves a qualifying prior felony conviction at trial, Section 12.42(a) moves the punishment up into the second-degree range.

Two claims appear on many pages and are wrong. A child victim does not raise the grade of this offense, and neither does the use of a boat or an aircraft. Section 49.09 lists neither. A prosecutor can still cite those facts when asking for a heavier sentence, and a child in your own car can lead to a separate charge, which our page on DWI with a child passenger in Corpus Christi explains.

Is Probation Possible? Judges, Juries and Deadly Weapon Findings

Some people assume that any DWI with an injury means prison. The rules are less rigid than that, and they depend on how the case ends:

Deferred adjudication is off the table. Article 42A.102(b)(1)(A) lists Section 49.07, so the outcomes to look for are a dismissal, a reduction, probation after a conviction or a prison term.
A judge may grant community supervision. Under Article 42A.053(c), a judge can place you on supervision after a conviction or plea if the sentence is 10 years or less. Section 49.07 is not among the offenses in Article 42A.054(a). The supervision period runs from the two-year minimum up to 10 years (Article 42A.053(d)).
The deadly weapon question. If the judgment includes a finding that a deadly weapon was used or exhibited during the felony, Article 42A.054(b) and (c) take judge-ordered supervision away. Prosecutors sometimes argue that a vehicle was a deadly weapon, so we find out early whether that request is coming and whether it can be defeated.
A jury may recommend it. When a jury assesses punishment it can recommend supervision (Article 42A.055), but only for a defendant who stated in a sworn pretrial motion that there is no felony conviction in his or her past, and only if the jury finds that statement true. A sentence over 10 years is disqualifying (Article 42A.056).
Supervision includes jail time. For this offense the judge must make at least 30 days in county jail a condition, and those days are not credited if a sentence is imposed after a revocation (Article 42A.401(a)(4) and (b)).
Parole is calculated differently. Without a deadly weapon finding, a prison inmate is generally eligible when actual time plus good conduct time equals one-fourth of the sentence, or 15 years if that is shorter (Government Code Section 508.145(f)). With a finding, the measure is half of the sentence, capped at 30 years, without good conduct time and never less than two years (Section 508.145(d)). Eligibility is not release, which is up to the Board of Pardons and Paroles.

Supervision can be revoked for a missed fee, a positive alcohol test or a new arrest. Our page on DWI probation violations in Corpus Christi explains how those hearings work.

Serious Bodily Injury: The Part of the Charge That Is Tested First

The definition in Section 49.07(b) asks whether an injury creates a substantial risk of death, or causes serious permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ. Few injuries clear that bar, and a sprain, a healed cut or a night in the hospital does not clear it merely because it hurt. The State has to establish the injury with medical evidence, so these are the questions we put to the records:

Did the injury put life at risk? Trauma notes, imaging, surgical reports and intensive care records show how serious the situation actually was.
Is the loss lasting? Follow-up visits, therapy notes and the treating physician’s outlook show whether a function was lost for a long time or for good.
What produced the condition? A health problem that existed before the crash, a later infection or a decision made in treatment may explain part of what the chart shows.
Where does the recovery stand now? A person who has healed well is a different case from one with permanent limits, both under the definition and in the prosecutor’s eyes.

When the records do not support the statute, the State may have to move to a lesser offense, such as a misdemeanor or an ordinary DWI. A reduction like that is the prosecutor’s call, and it affects what a plea looks like. If you want to see how lesser charges are handled, our misdemeanor lawyer in Corpus Christi page covers them.

Causation: Did the Intoxication Cause the Injury?

Penal Code Section 6.04 sets the rule. You are responsible for a result that would not have happened but for your conduct, even if something else also contributed, unless that other cause was clearly enough on its own and your conduct clearly was not. The State therefore has to answer some factual questions with evidence rather than assumption:

Could a sober driver have avoided the crash? Speed, stopping distance and reaction time can be measured, and if the same collision was likely with a sober driver, the theory loses force.
Did someone else cause it? A driver who ran a signal, crossed a line or merged without looking, or a pedestrian who stepped into traffic, may be the real source.
Was the vehicle sound? A tire failure, a brake problem or a steering defect has nothing to do with the driver’s condition.
What was the roadway like? Lighting, signs, construction, standing water and weather all belong in the analysis, and the Texas coast produces sudden downpours that change both.
Does the physical evidence match the report? Vehicle damage, final rest positions and data recorded by the cars show how the vehicles met, and they sometimes point to a different sequence than the report describes.

Fault on the part of another person does not end the case, because the statute allows for more than one cause. It does give the defense something to build on, and a reconstruction expert retained early is often the most useful step we can take.

How an Injury-Crash Case Moves in Nueces County

The sequence varies, but most cases follow this path:

The first weeks. Investigators finish the crash report, request medical records and sometimes wait for lab results, so you may be arrested at the scene or weeks later.
A felony charge. Felonies in Nueces County are presented to a grand jury, which may indict, and the case is then assigned to a district court.
Bond and arraignment. You are told of the charge and enter a plea, usually not guilty. Bond conditions may include a driving ban, an interlock device or alcohol monitoring.
Discovery. We obtain the reports, video, lab and calibration records and the injured person’s records, and we check them against the statute.
Experts and motions. Reconstruction, toxicology and medical consultants are retained where the facts call for them, and motions may challenge the stop, the warrant or the evidence.
Offers. The prosecutor may offer a reduction or a recommended sentence. Whether to accept is your decision after we explain the risks of trial.
Trial. If there is no agreement, a jury hears the case and the State must prove every element beyond a reasonable doubt.

The Evidence in a Serious-Injury Crash

These files are large, and almost every item in them can be tested:

The scene. Photographs, measurements, skid marks, damage and data from the vehicles are available, and some intersections have traffic or business cameras. A reconstruction expert can test the speed and path the State relies on.
The blood specimen. After an arrest and a refusal, the law directs an officer to require a specimen when the officer reasonably believes someone has died or been seriously hurt, and it limits the draw to a warrant or probable cause to believe exigent circumstances exist (Transportation Code Section 724.012(a-1) and (e)). We review the warrant, who drew the blood and when, how it was stored and the lab’s method.
Timing. Alcohol concentration changes after drinking stops, so a result from hours later does not automatically show what it was behind the wheel. A toxicologist can explain what the number does and does not mean.
Hospital charts. The injured person’s file proves or disproves the injury element. Your own treatment records can matter as well, since a concussion, shock or a medical emergency can account for behavior that officers took for impairment.
What was said and recorded. Remarks to officers, paramedics and hospital staff, 911 audio and body camera video are all checked for how and when each statement was obtained.

Passengers, Pedestrians and the Injured Person’s Wishes

The person hurt is often someone close to the driver: a passenger in the same car, a friend, a relative or a coworker. That does not remove the charge, because the statute covers any other person. It does change how the case feels, and the injured person’s recovery and wishes can influence the conversation with the prosecutor, though the State, not the injured person, decides whether to proceed. Where the person hurt was on foot or on a bicycle, the questions shift toward lighting, visibility and where that person was in the roadway.

Do not contact the injured person or the family to apologize or explain, and stay off social media about the crash. A message meant kindly can be used as an admission. If contact becomes appropriate, a lawyer can arrange it.

Restitution, Civil Claims and Insurance

Expect an insurance claim, and possibly a lawsuit, to follow the criminal case. Whatever you tell an adjuster can surface in the prosecution, and the reverse is also true. In the criminal case, Article 42.037 lets the court order restitution covering the injured person’s expenses, which then becomes a term of probation or parole. Tell us about any claim letter, suit papers or insurer call at the first meeting, and decline a recorded statement until you have been advised.

Crashes on the Water and on Military Property

Corpus Christi Bay, the Gulf and the Intracoastal Waterway mean that some of these cases involve a boat instead of a car. Section 49.07 covers a person who operates a watercraft or an aircraft while intoxicated and, by reason of that intoxication, seriously injures someone, and it does not make the offense more serious because of the vehicle type. Under Section 49.09(c), such a conviction is also treated as an intoxication offense for the purpose of later enhancement.

The location of a crash can also change who prosecutes. If it happened on a military installation or other federal property, the case may belong to a federal court instead of a Nueces County district court, and the rules and the people involved differ. Tell us exactly where it happened at your first meeting.

Other Charges the State May Bring

Intoxication manslaughter. A death changes the case to a second-degree felony punishable by 2 to 20 years. Read about intoxication manslaughter in Corpus Christi.
Leaving the scene. After a crash with serious bodily injury, a driver must stop or return, and must give reasonable help, which includes arranging transport to a hospital. Failing to do so is a third-degree felony when serious bodily injury results (Transportation Code Sections 550.021 and 550.023).
Ordinary DWI. The State can charge a plain DWI as an alternative or a lesser offense. Our pages on first-offense DWI in Corpus Christi and felony DWI defense cover that range and the other routes to a felony.

License Consequences After an Injury Crash

The administrative suspension. If you fail or refuse a test, DPS may start a suspension. A written request for a hearing has to reach DPS no later than the 15th day after you receive the notice (Transportation Code Section 524.031), counted from receipt of the notice and not from the arrest.
After a conviction. The court suspends the license for 90 days to one year when the conviction is under Section 49.07, and for one year if it is the second within five years (Section 521.344(a)). The two years that some pages cite applies to other offenses.
Getting to work. A person convicted under any of Penal Code Sections 49.04 through 49.08 can petition for an occupational license, and the court must restrict the driver to an interlock-equipped vehicle unless it waives that requirement (Transportation Code Sections 521.244 and 521.246). Our page on license reinstatement and occupational licenses explains how to apply.
Surcharges. The state ended its Driver Responsibility Program in 2019, which means older warnings about annual fees no longer apply.

How We Defend an Intoxication Assault Case

Test the injury. We read the medical records against the statute’s wording and bring in a physician when the file requires it.
Challenge the link to your drinking. We search for another cause that was enough on its own and for proof that a sober driver would have crashed too.
Question the proof of intoxication. Lab methods, instrument records and sample handling are open to examination.
Challenge operation. If the State cannot show who was driving, the case has a hole at its center.
Examine the stop and the warrant. If the judge excludes the blood result or other evidence, the State’s case may change entirely.
Address a deadly weapon finding early. It affects both probation and parole, so we raise it before plea negotiations begin.
Prepare mitigation. Treatment, work history, family responsibilities and the steps you take now can affect an offer and a sentence.
Weigh each outcome. A dismissal, a reduction, a negotiated plea and a trial carry different risks, and the decision belongs to you once all of them are explained.

After a Conviction: The Record and Any Later DWI

Beyond the sentence, a felony conviction can reach into gun ownership, voting during a sentence, jury duty, employment, housing and professional licensing, and the specifics vary by case. Ask a Corpus Christi felony attorney which ones apply to you. A non-citizen should consult an immigration lawyer before any plea.

A conviction under Section 49.07 is also treated as a final conviction for later DWI enhancement even when the sentence is probated (Section 49.09(c) and (d)). If you are ever charged with another DWI, it counts as a prior. When a case ends in a dismissal or an acquittal, you may be able to clear the arrest, and our page on DWI expunction and record sealing explains how. A conviction cannot be cleared the same way.

What This Means for Your Nueces County Case

Locate the notice of suspension from DPS and count 15 days from the day you received it. Court dates do not extend that deadline.
Share your version of the crash with your lawyer only. Officers, insurers, relatives of the injured person and followers online should hear nothing.
While your memory is fresh, put on paper where you were before, what you drank and ate and at what times, the weather and road conditions, and what the officers asked.
Keep all papers from the jail, hospital and bond office, plus any letter from a court, grand jury or insurance company.
Follow each bond condition, including an interlock order, and appear at every setting. Our post on your first court appearance in Corpus Christi explains what to expect.
Do not contact the injured person to explain, and do not post about the crash.
Do not agree to a plea before your lawyer has examined the video, the crash and laboratory records, the warrant and the injured person’s medical file.

More About DWI Charges in Corpus Christi

Related pages for the questions that tend to follow a serious DWI arrest.

third-offense DWI in Corpus Christi: how two earlier convictions make a DWI a felony.
common questions after a DWI arrest: short answers on bond, testing and what to do first.

Why Corpus Christi Clients Choose Barton & Associates for Intoxication Assault Defense

Barton & Associates has handled Texas criminal cases in court since 2001. Gary J. Barton, the founding attorney, is Board Certified in Criminal Law by the Texas Board of Legal Specialization, was a capital murder prosecutor and has tried more than 100 cases to a jury. Senior trial attorney Jim Erickson has defended criminal cases in Texas since 1985 and has more than 250 jury verdicts in more than sixty counties. An injury-crash case is decided on records, so before we talk about a plea we read the crash file, the lab results and the medical chart, consult reconstruction and forensic experts where the facts warrant it and prepare as though the case will be tried.

No lawyer can promise how an intoxication assault case will end. We can give you a plain account of what the State has, where it looks thin and what we recommend, including the times when a plea is the sensible course. The first consultation is free and confidential. We meet clients at our Corpus Christi office, 5110 Wilkinson Drive, Suite 210, Corpus Christi, Texas 78415, by appointment, and you can get directions to our office before you come. For the first meeting, bring what you can of the following, and call even if some of it is missing.

Your arrest paperwork and any notice of suspension, plus the date you got it
Bond terms, any indictment and your next court setting
The crash report, photos or video and the names of witnesses
Paperwork on any breath or blood test or refusal, including a warrant or lab report
Any information about how the injured person is doing, and medical records in your possession
Insurance details and letters from an insurer or an attorney
Papers from any earlier DWI or felony case, in Texas or elsewhere
A calendar of your key dates and deadlines

Frequently Asked Questions About Intoxication Assault in Corpus Christi

How many years can you get for intoxication assault in Texas?

The ordinary offense is a third-degree felony, which carries 2 to 10 years in prison and a fine of up to $10,000 (Penal Code Sections 49.07 and 12.34). The grade rises to 2 to 20 years when the injured person is a firefighter or emergency medical services worker on duty, or when the injury is a traumatic brain injury that leaves a persistent vegetative state. It rises to 5 to 99 years or life when the person is a peace officer or judge on duty.

What is the difference between intoxication assault and DWI?

An ordinary DWI needs only intoxication while operating a vehicle in a public place, and a first offense is a misdemeanor. Intoxication assault adds a serious bodily injury to another person that happened by reason of the intoxication, and it is a felony. Intoxication manslaughter is the next step up, and it requires a death.

Does a child victim or a boat make intoxication assault a higher degree?

No. Some websites say so, but Section 49.09 does not list either one. The statute does cover watercraft and aircraft as vehicles, so the offense can occur on the water. A child riding in your car can lead to a separate DWI charge, and a prosecutor may point to the facts when asking for a heavier sentence.

What does serious bodily injury mean?

Texas law defines it as an injury that puts the person at substantial risk of death, leaves serious permanent disfigurement, or causes a long-lasting loss or impairment of a body part or organ. A sprain, bruises, a simple fracture or a brief hospital stay may fall short. The treating doctors’ records answer the question, and so does how the person has recovered.

Does the State have to prove that drinking caused the crash?

It has to prove that the injury happened by reason of your intoxication, not only that you were impaired when the crash occurred. Penal Code Section 6.04 asks whether the injury would have happened but for your conduct, with an exception when another cause was clearly sufficient and your conduct clearly was not. Words like “contributing cause” or “substantial factor” are not the statute’s language.

Can you get probation for intoxication assault?

It can be. A judge may grant it for a sentence of 10 years or less when no deadly weapon finding was entered. A jury may recommend it for a defendant with no felony history who said so in a sworn pretrial motion, again for 10 years or less. A condition of at least 30 days in county jail applies, and deferred adjudication cannot be used.

What is a deadly weapon finding and why does it matter?

It is a finding in the judgment that a deadly weapon was used or exhibited in the offense, and prosecutors sometimes ask the court to name the vehicle. A finding blocks judge-ordered probation and changes parole eligibility from one-fourth of the sentence to one-half. Intoxication assault is not on the Article 42A.054(a) list, so the finding is the issue to watch before any plea.

Do police have to take blood after a serious crash?

Not automatically. Transportation Code Section 724.012 tells an officer to require a specimen in certain serious crashes, after an arrest and a refusal, but the draw still needs a warrant or probable cause to believe exigent circumstances exist. We look at the warrant, the timing, the chain of custody and the lab’s method, and an unlawful draw can lead to exclusion of the result.

Does it matter if the injured person was my passenger or a friend?

The charge is the same, because the statute covers any other person. The relationship can shape the injured person’s views and the way the prosecutor approaches the case, but the State decides whether to proceed. Do not contact the person to discuss the crash. Let a lawyer handle any contact.

Can the charge be dropped or reduced?

It can happen. Dismissals tend to come from a flaw in the State’s evidence, such as how blood was drawn, whether drinking caused the crash or who was behind the wheel. If the medical records fall short of serious bodily injury, the prosecutor may agree to a lesser charge, which is the prosecutor’s decision. We lay out each realistic result before you choose.

Will I lose my driver’s license?

Most likely, at least for a time. DPS may begin a suspension after a failed or refused test, and the written request for a hearing has to reach DPS within 15 days of your receiving the notice. A conviction brings a separate court suspension of 90 days to one year, or one year for a second intoxication assault within five years. You may qualify for an occupational license.

Can the injured person sue me, and will I owe restitution?

Both are possible. The injured person may file a civil lawsuit and an insurer may pursue its own claim. Separately, Article 42.037 allows the criminal court to order restitution for the person’s expenses, and payment then becomes a condition of probation or parole. Tell us about any letter, demand or adjuster call at the first meeting.

What should I bring to the first meeting about an intoxication assault charge?

Collect the arrest papers, the suspension notice (note the date you got it), your bond terms, your next court date and any indictment. Also bring the crash report, any photographs or video, blood or breath paperwork or a refusal form, medical records and letters from insurers. Tell us about any earlier DWI or felony anywhere. Call even if the pile is incomplete.

Talk With a Corpus Christi Intoxication Assault Attorney

The weeks right after an injury crash matter most, because the license deadline is short and evidence can be lost. Speak with a Corpus Christi criminal defense lawyer at Barton & Associates before you give a statement, sign a paper or accept a plea.

Call our Corpus Christi office at 361-800-6780 or complete the online Free Consultation form to arrange a confidential meeting about the charge. Consultations at the office are by appointment only. The office is at 5110 Wilkinson Drive, Suite 210, Corpus Christi, Texas 78415.

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