- Classification: 3rd Degree Felony
- Jail exposure: 2–10 years Texas Department of Criminal Justice
- Maximum fine: $10,000 maximum
- License: License suspension; ALR 15-day deadline applies at arrest
- Victim suffered serious bodily injury — bones, organs, or permanent impairment
What Makes This Different From a Standard DWI
Intoxication assault under §49.07 applies when someone is injured as a result of a DWI. Not just hurt — the statute requires serious bodily injury, defined as injury creating a substantial risk of death or causing permanent disfigurement or impairment of a body part or organ. A broken bone may or may not qualify depending on severity. A head injury with lasting neurological effects almost certainly qualifies.
The charge is a third-degree felony with the same 2–10 year range as a third-offense DWI. However, intoxication assault cases carry additional weight in plea negotiations and at trial because there is an identified victim — a factor that affects both jury sympathy and prosecutorial posture significantly.
What Happens Immediately After Arrest
- Bond is set higher than a standard DWI — typically $10,000–$25,000 or higher depending on the severity of injuries
- The victim’s medical records become central to the prosecution’s case and must be countered with defense medical experts
- The ALR 15-day license deadline still applies simultaneously with the criminal case
- If the victim later dies from their injuries, the charge can be re-filed as intoxication manslaughter — a 2nd-degree felony
Defense in Intoxication Assault Cases
Causation is a central issue — the State must prove the defendant’s intoxication caused the serious bodily injury. Defense attorneys challenge: whether the defendant’s driving caused the accident (vs. the other driver’s actions), whether the defendant was legally intoxicated at the time of driving, and whether the injuries meet the statutory definition of serious bodily injury. These are technical but highly consequential questions.