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San Antonio intoxication manslaughter attorneyDWI (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.

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Property Damage, Personal Injury Add to DWI ChargeIn a bizarre sequence of events, three drivers in Austin, Texas, were arrested for driving while intoxicated after being involved in three separate crashes at the same location and on the same night. Police officers were at the scene of a DWI crash when an allegedly intoxicated driver crashed into the back of a police car. After an ambulance arrived at the scene, another allegedly intoxicated driver crashed into that vehicle. No one was critically injured in the incidents, though three people were taken to the hospital with non-life-threatening injuries. Causing property damage or personal injury in a DWI incident can result in harsher punishment if you are convicted.

Property Damage

Property damage in a DWI case most often involves damage done to another vehicle as the result of a crash. Prosecutors can add property damage as a separate charge from your DWI charge. Property damage is a class C misdemeanor, punishable by a fine of as much as $500. However, you may also face civil penalties if the owner of the damaged property files a lawsuit against you. The lawsuit is separate from the results of your criminal case and may require you to pay for repairing or replacing the property.

Personal Injury

You will face more serious punishments if you are convicted for a DWI accident that caused serious injury or death. A DWI incident that causes serious injury is called intoxication assault, which is a third-degree felony and may result in:

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