DWI (driving while intoxicated), DUI (driving under the influence), and even BWI (boating while intoxicated) are all common charges throughout the San Antonio area. However, one charge is not discussed nearly as often and yet has very serious consequences, in and outside of the courtroom: intoxication assault. Here is how Texas law defines intoxication assault, including its associated terminology and penalties.
Intoxication Assault Defined
Per Section 49.07 of the Texas Penal Code, a person commits intoxication assault if that person causes serious bodily injury to another:
- While operating an aircraft, watercraft, or amusement ride while intoxicated;
- While operating a vehicle in a public place while intoxicated; or
- As a result of assembling an amusement ride while intoxicated.
There are two key phrases in this definition of intoxication assault: "while intoxicated" and "serious bodily injury." In terms of operating motor vehicles or other modes of transportation while intoxicated, in Texas, an adult of the age of 21 or older cannot operate such a vehicle with a Blood Alcohol Concentration (BAC) of .08% or higher. When that happens, a charge of driving while intoxicated (DWI) is filed against the intoxicated driver; however, compound that with “serious bodily injury” of someone else, and there is intoxication assault....