San Antonio Intoxication Assault Lawyer
San Antonio Intoxication Assault Lawyer
While DWI’s (Driving While Intoxicated) and DUI’s (Driving While Under the Influence) are common charges throughout the San Antonio area, there is one charge that is not discussed nearly as often and yet has more severe consequences: intoxication assault.
Have your or a loved one been arrested for intoxication assault after being involved in an accident in San Antonio? CALL US. It is crucial that you retain an experienced, reputable San Antonio DWI lawyer as fast as possible. Our San Antonio law firm has a proven track record of success in intoxication assault cases. We will identify mitigating factors and/or defenses to your individual situation, build a strategic defense, and work diligently on your behalf with either the prosecution or before a judge and jury. At Soyars & Morgan Law, our #1 goal is a dismissal or reduction.
What is Intoxication Assault in San Antonio?
Intoxication Assault falls under Chapter 49.07 of the Texas Penal Code and defines intoxicated assault as when an individual operates a motor vehicle on a public road and by reason of his or her impairment, causes an accident that results in serious bodily injury to another person. It does not matter if the injuries were caused by accident, by mistake, or by intent.
There are two key phrases of intoxication assault that differentiate DWI from Intoxication Assault: “while intoxicated” and “serious bodily injury”. In San Antonio, Texas, an adult of the age 21 or older cannot operate motor vehicles, or other modes of transportation, with a BAC (Blood Alcohol Concentration) of .08% or higher. When that happens, you are charged with a DWI (Driving While Intoxicated). However, combine that with “serious bodily injury” of another person, and that is intoxication assault.
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What is Considered “Serious Bodily Injury” in San Antonio?
According to the Texas Penal Code, serious bodily injury is defined as an injury that leads to:
- A substantial risk of death
- A serious, possibly permanent disfigurement
- Protracted loss or impairment of the function of any part of the body, be it a member or an organ
What Are the Penalties of Intoxication Assault in San Antonio?
Intoxication assault in San Antonio, Texas is treated as a third-degree felony punishable by up to 10 years in jail, drivers license suspension between 180 days and two years, and a fine of up to $10,000. However, this charge can be enhanced, dependent on the nature of the injury and who was injured. The offense becomes a second-degree felony if:
- The injury results in a vegetative state.
- The injury happens to a peace officer, firefighter, or emergency medical personnel in the line of duty.
Intoxication Assault in San Antonio: The Defense
There are a few important things that the state must prove in order for someone to be convicted of intoxicated assault in San Antonio, Texas:
A. First, the State must prove intoxication. Intoxication is defined as having a .08 blood alcohol concentration (BAC) at the time the accident happens. The state can also prove the loss of normal use of the mental or physical faculties because someone has taken medication or drugs, or drank alcohol.
B. The State also has to prove that the victim or complainant suffered “serious bodily injury.” A scrape, bloody nose, or bruise is not enough for the state to prove “serious bodily injury”. In Texas, “serious bodily injury” is defined as a substantial risk of death, serious possible permanent disfigurement, or a protracted loss or impairment of the function of any body part or organ.
C. Most importantly, and often overlooked by inexperienced defense lawyers, is the fact that not only does the state have to prove that someone got injured, but the State has to prove that the driver’s intoxication caused the accident which then caused the injury. If the accident was probably going to happen regardless of the driver’s intoxication, there is not causation.
Contact a San Antonio Intoxication Assault Lawyer
If you or someone you know has been charged with intoxication assault in San Antonio, you need to hire the best DWI lawyer possible. The Soyars & Morgan Law team have decades of proven experience and a reputation in the courtroom for successful results. Contact Ashley Morgan and the Soyars & Morgan Law firm in San Antonio to discuss the circumstances of your case.