San Antonio Intoxication Assault Lawyer


San Antonio Intoxication Assault Lawyer

While DUIs (Driving Under the Influence) and DWIs (Driving While Intoxicated) are frequently talked about in San Antonio, a lesser-known but significantly more severe charge is intoxication assault.

Have you or a family member been arrested for intoxication assault following an accident in San Antonio? ACT NOW. Time is of the essence, and it’s vital to hire an experienced and reputable San Antonio DWI attorney promptly. Our law firm at Soyars & Morgan Law has a strong history of successful outcomes in intoxication assault cases. We’ll scrutinize the details of your case for mitigating factors or potential defenses, craft a focused legal strategy, and vigorously represent your interests, either in negotiations with the prosecutor or in court. Our top priority is achieving a dismissal or reduction of your charges.

Important: If you’ve refused chemical testing or failed a blood or breath test for DWI, you have just 15 days to request an administrative license suspension hearing to retain your driving privileges.

Benefit from Top-notch Legal Assistance with Our San Antonio Intoxication Assault Attorneys

  • Voted Best Lawyers in San Antonio by S.A. Scene Magazine
  • Reliable, aggressive, and expert legal guidance
  • Over three decades of collective experience defending clients in San Antonio
  • Available 24/7 for your legal needs
  • Flexible payment options and complimentary initial case assessments

Facing a conviction for intoxication assault can seriously impact your life for years to come. When you enlist the services of an intoxication assault attorney from Soyars & Morgan Law in San Antonio, you can rest assured you’re receiving the best defense available.

Our dedicated team of San Antonio intoxication assault lawyers is fully committed to safeguarding your rights, your reputation, and your freedom. With our extensive, on-the-ground experience in San Antonio, we’re well-versed in local laws and procedures, giving you the advantage you need to effectively navigate the intricacies of the legal system.

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What Constitutes Intoxication Assault in San Antonio, Texas?

Intoxication Assault is governed by Chapter 49.07 of the Texas Penal Code. In San Antonio, the law stipulates that intoxication assault occurs when an individual, impaired by alcohol or substances, operates a motor vehicle and causes an accident leading to significant bodily harm to another person. It’s irrelevant whether the injury occurred accidentally, mistakenly, or intentionally.

Two critical terms set Intoxication Assault apart from a standard DWI: “while intoxicated” and “serious bodily injury.” In Texas, including San Antonio, adults 21 or older are prohibited from operating a vehicle with a BAC (Blood Alcohol Concentration) of .08% or higher. This violation typically leads to a DWI charge. However, when this impairment results in “serious bodily injury” to another, it escalates to Intoxication Assault. It’s crucial to understand the difference between Intoxication Assault and Intoxication Manslaughter in the context of Texas law.

What Qualifies as “Serious Bodily Injury” in San Antonio, Texas?

Per the Texas Penal Code, a “serious bodily injury” in San Antonio refers to an injury that:

  • Poses a considerable risk of death.
  • Causes severe and potentially lasting disfigurement.
  • Results in prolonged loss or impairment of a body function, whether an organ or limb.

By understanding these definitions, you can better comprehend the gravity of an Intoxication Assault charge and what it implies in San Antonio.

Reach Out to Our San Antonio Intoxication Assault Attorneys to Begin Your Defense Today

Consequences of Intoxication Assault in San Antonio, Texas

Intoxication assault is classified as a third-degree felony in San Antonio, Texas. Penalties may include up to 10 years of imprisonment, a driver’s license suspension ranging from 180 days to two years, and a fine that can reach up to $10,000.

The severity of this charge can escalate depending on the circumstances of the injury and the person who was injured. It can be elevated to a second-degree felony if:

  • The inflicted injury results in a vegetative state.
  • The injured party is a peace officer, firefighter, or emergency medical service provider actively performing their duties.

San Antonio Intoxication Assault Defense Strategies

To secure a conviction for intoxication assault in San Antonio, the prosecution must prove several key elements:

A. Establishing Intoxication: In San Antonio, as per Texas law, intoxication is defined by a Blood Alcohol Concentration (BAC) of .08% or higher at the time of the accident. Additionally, the State can argue for intoxication through evidence of impaired mental or physical faculties due to alcohol, medication, or drug use.

B. Defining “Serious Bodily Injury”: In order for the charge to be considered intoxication assault, the State must prove that the victim sustained “serious bodily injury.” Minor injuries like scrapes, bruises, or a bloody nose are insufficient. Texas law specifies “serious bodily injury” as an injury leading to a substantial risk of death, serious potential for permanent disfigurement, or extended loss or impairment of any body part or organ.

C. Proving Causation: A crucial yet sometimes overlooked element is establishing causation. The State must prove not only that an injury occurred, but also that the driver’s state of intoxication was the cause of the accident, which then led to the injury. If it can be shown that the accident was likely to happen regardless of the driver’s intoxicated state, the element of causation is not met.

Reach Out to a San Antonio Intoxication Assault Attorney Today

Facing an intoxication assault charge in Texas is a serious matter. It’s crucial to enlist a top-tier DWI attorney to navigate this challenging situation. With decades of proven experience, the team at Soyars & Morgan Law is known for its courtroom success and dedication to client results. Don’t hesitate—contact Ashley Morgan and the seasoned attorneys at Soyars & Morgan Law to discuss your case and plan your best course of action.