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DRIVING WHILE INTOXICATED

DRIVING WHILE INTOXICATED

Intoxication Assault in Williamson and Bell County

If you have been involved in a car accident in Georgetown, it is possible to be charged with a felony offense of intoxication assault. An individual can be charged with assault from driving while intoxicated (DWI or DUI) if they injure another person after having consumed even one alcoholic beverage and/or drugs.

In order to convict an alleged offender for this crime, the prosecution has the difficult burden of proving the offender committed every element of intoxication assault beyond a reasonable doubt. This is a very difficult burden to meet, and if the prosecutor fails to meet this burden, the jury or judge must acquit the defendant.

If you have been suspected of a DWI assault or charged with intoxication assault, contact an experienced DWI defense lawyer in Georgetown to begin crafting the best defense to your particular situation.

Georgetown Intoxication Assault Lawyer

If you have been charged with DUI Assault in Georgetown, or any of the surrounding areas of Round Rock, Cedar Park, Leander, Taylor, Hutto, Killeen, Temple, Belton or Harker Heights, contact the Law Office of Michael J. Price P.C.. Michael J. Price is knowledgeable in all areas of Texas’ driving while intoxicated laws and will make every effort to fight the serious allegations you are facing.

Call Law Office of Michael J. Price P.C. for a free consultation at (512) 354-1880 about your alleged assault while DWI.


Georgetown DWI Assault Information Center


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Intoxication Assault in Georgetown

As defined in section 49.07 of the Texas Penal Code, an individual can be charged with intoxication assault if they operate or drive a motor vehicle on a public road while intoxicated from alcohol or drugs, and as a result of the intoxication causes serious bodily injury to another person.

Intoxicated is defined in Texas as having a blood or breath alcohol concentration (BAC) level over the legal limit of .08. Additionally, a person can be considered intoxicated in Texas even if their BAC is under the legal limit, but they do not have the normal use of their mental or physical faculties as a result of alcohol or drug use. Normal mental and physical faculties are actions a person can do every day without much, though, such as walking, talking, breathing and basic motor skills.

The fact that the individual accidentally or mistakenly caused the serious bodily injury is not a defense to prosecution for an intoxication assault offense. A DWI assault offense can result in a felony of the third-degree conviction. The offense could increase to a felony of the second degree if the individual who sustained injury was a firefighter, peace officer or emergency medical personnel.


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Texas’ Definition of Serious Bodily Injury

Texas law defines the phrase serious bodily injury as an injury that causes permanent impairment or loss of any body part or organ, or impairment for a lengthy period of time, or injury that will likely cause death. 

In some cases, an individual’s serious bodily injury may arise after the DWI assault accident or may not immediately be apparent. Even in these cases, the individual who allegedly drives drunk can be charged with intoxication assault.


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Offenses Related to DWI Assault in Texas

Vehicular Manslaughter - Tex. Penal Code § 19.04 - An individual can be charged with this offense if they cause the death of another person while recklessly operating a motor vehicle. This offense is generally punishable as a felony of the second degree. 

Intoxication Manslaughter - Tex. Penal Code Ann. § 49.08 – An individual can be charged with this offense if they operate or drive a motor vehicle on a public road while intoxicated, and as a result of the intoxication, cause the death of another person. This offense is punishable as a felony of the first or second degree.

Reckless Driving – Tex. Transp. Code § 545.401 - An individual can be charged with this offense if they recklessly operate a vehicle with disregard for the safety of others or property. This offense is generally punishable as a misdemeanor.

Hit and Run / Leaving the Scene - Tex. Transp. Code Ann. § 550.021 - An individual can be charged with this offense if they do not follow certain statutory requirements after being involved in an accident. This offense is generally punishable as a felony of the third degree. Individuals involved in an accident are statutorily required to:

  • Stop their car immediately at the scene of the accident or as close to the scene as possible, without blocking more traffic than necessary;
  • Return to the scene of the accident immediately if they did not initially stop; and
  • Stay at the scene of the accident until permitted to leave by law enforcement or until all necessary information has been exchanged.

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Georgetown Penalties for Intoxication Assault

A conviction for intoxication assault in Texas can result in severe penalties, including driver’s license suspensions, mandatory minimum prison sentences, steep fines, community service and/or installation of an ignition interlock device.

A first conviction for intoxication assault can result in a driver’s license suspension from 90 days to one year. A second or subsequent intoxication assault conviction within five years of any previous intoxication assault offense could result in a suspension from 90 days to one year plus an additional one-year suspension.

A conviction for a third-degree felony intoxication assault is also punishable by a prison sentence ranging from two to ten years and/or a fine not more than $10,000. A conviction for a second-degree felony intoxication assault can result in a prison sentence from two to 20 years and/or a fine up to $10,000.

In addition to the previous penalties, an individual convicted of intoxication assault could also be sentenced to complete up to 1,000 hours of community service, install an ignition interlock device on their vehicle, pay court costs and fees and/or complete an alcohol or drug education program.


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Resources in Georgetown for Intoxicated Assault

Texas Penal Code – Intoxication Assault – Section 49.07 of the Texas Penal Code defines intoxication assault in Texas and the possible penalties for a conviction for DWI assault. Chapter 49 of the Texas Penal Code defines Texas’ intoxication laws.

Texas Department of Public Safety – Alcohol Related Offenses – The Texas DPS website provides information on alcohol-related offenses and penalties for a conviction for these offenses in Texas. This link also provides information on how to reinstate a license after a suspension for an intoxication assault offense. A local DPS office is located at:

515 S. Pine Street
Georgetown, Texas 78626
Phone: (512) 863-5816

Texas Alcoholic Beverage Commission – The Texas Alcoholic Beverage Commission (TABC) is a government agency responsible for regulating the alcoholic beverage industry in Texas. The TABC website provides information on Texas’ DWI laws, signs of intoxication and information on blood alcohol concentration levels. A local TABS office is located at:

TABC
517 Pine Street
Georgetown, Texas 78626
Phone: (512) 930-3116

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Law Office of Michael J. Price P.C. | Round Rock DWI Assault Attorney 

Contact Law Office of Michael J. Price P.C. today for a consultation about your intoxication assault offense throughout Williamson County in Texas. Michael J. Price is an experienced Georgetown criminal attorneys who will make every effort to help you avoid the most serious penalties and repercussions to the DWI allegations against you.

Contact Law Office of Michael J. Price P.C. at (512) 354-1880 for a consultation about your alleged DWI assault throughout Williamson County and Bell County in Texas.