Intoxication Assault Lawyer In Beaumont, TX
Intoxication assault is a felony that follows a crash. It requires serious bodily injury to another person, caused by intoxication, and in Jefferson County it is tried in a district court. This page covers the elements, the punishment, how the evidence is tested and what to do first.
What Is Intoxication Assault In Texas?
Intoxication assault is a DWI that causes serious bodily injury to another person. Penal Code § 49.07 makes it a third degree felony at the base level, with higher grades for certain victims. The state need not prove intent, but it must prove the injury resulted from the intoxication. Serious bodily injury is defined in Penal Code § 1.07.
Understanding Texas Law
How Does Texas Law Define Intoxication Assault?
Intoxication assault under Penal Code § 49.07 means causing serious bodily injury to another person, by accident or mistake, while operating a vehicle in a public place while intoxicated. At its base level it is a third degree felony.
No intent is part of the offense. Section 49.11 removes the culpable mental state from intoxication offenses, so the state does not have to show that the driver meant harm or knew of a risk.
Two questions stay open. Is the injury serious bodily injury as the Penal Code defines it? And did the intoxication cause it? Under § 6.04, a driver is not responsible when another cause was clearly sufficient alone and the driver's conduct was clearly insufficient.
What the state has to prove under § 49.07:
- Operation of a motor vehicle in a public place, or an aircraft, watercraft or amusement ride
- Intoxication, by a 0.08 concentration or by loss of normal faculties
- Serious bodily injury to another person
- Injury caused by reason of the intoxication
The definition in § 1.07 is narrow. A fracture that heals on schedule or a cut that leaves no lasting mark puts the definition in question, and the medical records answer it, not the scene photographs.
If the injured person dies, the charge becomes intoxication manslaughter.
Penalties And Consequences
What Are The Penalties For Intoxication Assault In Texas?
The base range is a third degree felony, and several procedural rules make these cases heavier than the range alone suggests. These are statutory limits, not predictions for any one case.
Code of Criminal Procedure art. 42A.401.
- Base level
- Third degree felony: two to ten years in prison, fine up to $10,000.
- Higher levels
- The Penal Code raises the grade for certain injuries and certain victims, such as a persistent vegetative state or an on-duty firefighter, EMS worker, peace officer or judge.
- Community supervision
- Available, with at least 30 days in county jail as a condition under Code of Criminal Procedure art. 42A.401.
- Deferred adjudication
- Barred by art. 42A.102.
- Several injured people
- Sentences can be ordered to run consecutively under Penal Code § 3.03(b).
- Bond
- An ignition interlock under art. 17.441 unless the magistrate finds it not in the interest of justice.
A vehicle can be found to be a deadly weapon in a case like this one. The effect of that finding on probation and parole is explained on the 3G offenses page.
Real Questions
What Do People Ask About Intoxication Assault In Texas?
Does it matter if the other driver was also at fault?
What if the injury is not serious bodily injury?
Can the case go forward if the injured person does not want to press charges?
Will there be a civil lawsuit as well?
Possible Defenses
How Can Intoxication Assault Be Defended?
An intoxication assault file holds more than a DWI file. Beside the stop and the testing, it holds proof of how the crash happened and how badly someone was hurt. An attorney reviews each part on its own. No result can be promised.
- Reconstruction: scene measurements, the point of impact and speed calculations
- Event data recorders: what each vehicle's module recorded and what it did not
- Medicine: whether the injury meets the § 1.07 definition, and for how long
- Blood: the warrant or claimed exception, the timing of the draw, and the lab analysis
Causation and timing come up again and again.
Another driver's speed, a failed signal, a vehicle defect or the roadway can each bear on whether intoxication caused the injury. Section 6.04 is where that analysis begins.
Timing matters for blood as well. A hospital draw can come hours after a crash, and a hospital result is not a forensic result. The DWI court process page explains how those challenges are raised before trial.
Is It Serious Bodily Injury?
Do the medical records place the injury inside the statutory definition?
Did Intoxication Cause It?
Could another driver, the road or a mechanical failure explain the crash?
Was The Blood Drawn Lawfully?
A hospital or roadside draw needs a warrant, consent or an exception, and the result can be tested.
What Did The Data Recorder Capture?
Speed, braking and steering data can back up or contradict the report.
Who Was Behind The Wheel?
In some crashes the identity of the driver is itself disputed.
Is The Grade Right?
Does the victim or the injury actually support a higher felony level?
Local Process
What Happens After An Intoxication Assault Arrest In Jefferson County?
Because it is a felony, the case is handled at the county courthouse by the Jefferson County Criminal District Attorney's Office and heard in a district court rather than a Court at Law. The steps follow Texas law.
Investigation And Arrest
Officers work the crash scene, collect evidence and may seek a blood warrant. The arrest can come at the scene or later.
Magistrate And Bond
The arrested person goes before a magistrate, who sets bond and any interlock condition.
Grand Jury
A felony needs an indictment unless waived. The grand jury can indict, indict on a different offense or return no bill.
District Court
The case moves to discovery, motions and settings, and then a plea or trial.
- Investigation
- The responding agency, from Beaumont Police Department, Jefferson County Sheriff's Office, Texas DPS Highway Patrol, Port Arthur Police Department, Nederland Police Department, Port Neches Police Department, or Groves Police Department.
- Charging
- Grand jury indictment, presented by the Jefferson County Criminal District Attorney's Office.
- Where it is heard
- Heard in the district courts at the Jefferson County Courthouse on 1085 Pearl Street.
- Booking
- Arrestees from every law enforcement agency in the county are booked into the county's jail system.
- If the case is appealed
- Appeals go to the Ninth Court of Appeals in Beaumont.
Next Steps
What Should You Do After An Intoxication Assault Charge?
Crash evidence changes quickly. These steps are general information, not advice for any one person.
Protect The ALR Deadline
A crash with injuries does not stop the license clock, so request the hearing within 15 days after notice.
Stay Quiet About The Crash
Do not discuss it with police, the other driver, insurers or online.
Ask About The Vehicle
Find out where the vehicle and its data recorder are before they are released, repaired or sold.
Keep Medical Records
Save records of your own treatment and anything showing your condition after the crash.
Follow Bond Conditions
Meet every condition, including any interlock order.
Get Advice Early
Early review can matter before the grand jury hears the case.
Talk to a lawyer before giving statements to police or insurers. Mitchell Law Firm serves Jefferson County from its Orange office and offers a confidential conversation about an intoxication assault charge. Calling early helps preserve the evidence.
Official Texas Sources
Read The Law Behind This Page
- Texas Penal Code Chapter 49: §§ 49.07, 49.09 and 49.11
- Texas Penal Code Chapter 1: § 1.07 definition of serious bodily injury
- Texas Penal Code Chapter 6: § 6.04 causation
- Texas Penal Code Chapter 3: § 3.03 sentences for multiple offenses
- Texas Code of Criminal Procedure Chapter 42A: community supervision and deferred adjudication
- Texas Code of Criminal Procedure Chapter 17: bail and ignition interlock
- Texas Transportation Code Chapter 524: administrative license suspension
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Beaumont trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related DWI Charges
Other DWI Cases Handled In Beaumont, TX
Intoxication assault sits between a standard DWI and a homicide charge, and the pages below show both neighbors. See the full DWI defense overview for Beaumont.
First, Repeat And Felony DWI
Priors never expire in Texas, and a second or third charge moves the case into a different range entirely.
Drug And Substance DWI
You do not need alcohol to be charged. Prescriptions and legal hemp products lead to DWI arrests in Jefferson County.
The Driver And The Vehicle
Age, license type, home state, and what was being operated all change where the same stop leads.
Your License And The Process
The evidence, the deadlines, and what a conviction reaches beyond the courtroom.
Health Care Licenses
Boards that license patient care run their own review of an alcohol arrest, separate from the court.
Other Professional Licenses
Law, finance, aviation, teaching, real estate, and security work each answer to their own board or agency.
Common Questions
Intoxication Assault Questions People In Beaumont Ask
What does intoxication assault mean in Beaumont, TX?
Under Penal Code § 49.07, intoxication assault is causing serious bodily injury to another person, by accident or mistake, while operating a motor vehicle in a public place while intoxicated. The statute also covers aircraft, watercraft and amusement rides. The state does not have to prove any intent to injure, but it does have to prove the intoxication caused the injury.
What injury counts as serious bodily injury in Jefferson County?
Penal Code § 1.07 defines serious bodily injury as injury that creates a substantial risk of death, or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ. An injury below that definition cannot support intoxication assault, though a DWI charge for the same driving can remain.
What sentence can intoxication assault carry in Beaumont?
At its base level, intoxication assault is a third degree felony: two to ten years in prison and a fine up to $10,000. The Penal Code sets higher levels for certain injuries and certain victims. Community supervision is possible after a conviction, with at least 30 days of county jail as a condition under art. 42A.401.
Can sentences be stacked when a Jefferson County crash injures several people?
Penal Code § 3.03(b) allows a court to order sentences for intoxication assault and intoxication manslaughter from the same criminal episode to run consecutively. That can matter when one crash injures or kills more than one person. Whether any sentences are stacked is a decision for the court.
Is deferred adjudication available for intoxication assault in Beaumont, TX?
Code of Criminal Procedure art. 42A.102 bars deferred adjudication for an offense under Penal Code § 49.07. The system still provides for dismissal, a reduction to a different offense, a plea and trial. Which of those is realistic depends on the evidence, including the medical records and the crash investigation.
Mitchell Law Firm, PLLC
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