Intoxication assault in Texas

What is serious bodily injury?

Penal Code 49.07(b) defines it as injury that creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of a bodily member or organ. Whether an injury meets this definition is often disputed, and medical records matter.

What does the State have to prove?

• You were operating the vehicle
• You were intoxicated
• The intoxication caused the serious bodily injury

Causation is a common battleground. If the crash would have happened anyway, for example because of the other driver's conduct or road conditions, the State may not be able to prove that intoxication caused the injury.

What are the penalties?

What happens at bond?

A magistrate must generally require an ignition interlock as a condition of release (Code of Criminal Procedure 17.441). Blood is usually drawn by warrant in serious-injury crashes, so the lab analysis and chain of custody deserve close review.

Does the State have to prove I meant to hurt someone?

No. Intoxication assault requires that the person, by accident or mistake, caused serious bodily injury while operating a vehicle in a public place while intoxicated (Penal Code 49.07). No culpable mental state is required for intoxication offenses (Penal Code 49.11). What the State must prove is intoxication, operation, and that the intoxication caused the injury.

What if the other driver caused the crash?

Causation is often the central issue. Under Penal Code 6.04, a person is not criminally responsible if a concurrent cause was clearly sufficient to produce the result and the person's conduct was clearly insufficient. Accident reconstruction, vehicle data, road conditions and the other driver's actions all matter.

When is it more serious than a third-degree felony?

Intoxication assault is usually a third-degree felony, punishable by 2 to 10 years and a fine up to $10,000 (Penal Code 12.34). It is a second-degree felony if the injured person was a firefighter or emergency medical services worker performing official duties, or if the injury was a traumatic brain injury resulting in a persistent vegetative state, and a first-degree felony if the injured person was a peace officer or judge performing official duties (Penal Code 49.07(c), 49.09(b-1), (b-4)).

Can police take my blood without a warrant?

Transportation Code 724.012 lists situations where an officer must take a specimen after a crash involving serious bodily injury. But the Texas Court of Criminal Appeals held in State v. Villarreal (2014) that the statute alone does not justify a warrantless blood draw; a warrant, consent or a recognized exception is still needed. Whether a valid warrant was obtained is one of the first things to review.

What about probation and parole?

If the judgment includes a finding that the vehicle was used as a deadly weapon, judge-ordered probation is limited and parole eligibility requires serving half of the sentence (Code of Criminal Procedure 42A.054; Government Code 508.145(d)). Whether a deadly weapon finding is sought and supported is often a major part of negotiations.

What bond conditions apply?

A magistrate generally must require an ignition interlock as a condition of bond for intoxication assault (Code of Criminal Procedure 17.441).

Where are these cases heard outside Dallas?

Felony cases are heard in the district courts of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.

What evidence matters in a crash case?

• Crash reports, scene photos and measurements
• Event data recorder ("black box") information from the vehicles
• Traffic and surveillance video from nearby businesses, which may be overwritten quickly
• Medical records showing the nature and extent of the injury
• Blood draw records: the warrant, who drew the blood, when, and lab results

What about insurance claims and lawsuits?

An injured person may also bring an insurance claim or civil lawsuit. Statements you give to insurance adjusters can be used in the criminal case. Talk with your criminal lawyer before giving a recorded statement.

Do the state DWI fine and license rules apply?

Yes. Intoxication assault is an "offense relating to the operating of a motor vehicle while intoxicated" under Penal Code 49.09(c), so a final conviction brings the Transportation Code 709.001 fine of $3,000, $4,500 or $6,000 depending on history and test result, unless the court finds you indigent. A conviction can also be used later to make a DWI a felony (49.09(b)).

Is deferred adjudication available?

No. Code of Criminal Procedure 42A.102 bars deferred adjudication for intoxication assault under Penal Code 49.07. Regular community supervision may be possible depending on the facts and any deadly weapon finding.

Will I need an interlock while the case is pending?

Usually. For intoxication assault, a magistrate must require an ignition interlock as a condition of bond unless the magistrate finds it would not be in the best interest of justice (Code of Criminal Procedure 17.441(a), (b)).

How do I get started?

The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.

Last updated October 2026