Intoxication Assault

From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 Degree 2 Statute(s) 3 Caselaw 4 Collateral Consequences 5 Notes

Degree

Intoxication assault is a Third Degree Felony , but if the person caused serious bodily injury to a peace officer, a firefighter, or emergency medical services personnel as they were discharging their official duties, then it becomes a Second_Degree_Felony

Statute(s)

§49.07. INTOXICATION ASSAULT.

(a) A person commits an offense if the person, by accident or mistake:
     (1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or
     (2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.

(b) In this section, "serious bodily injury" means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

(c) Except as provided by Section 49.09, an offense under this section is a felony of the third degree.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1999, 76th Leg., ch. 1364, Sec. 10, eff. Jan. 1, 2000. Amended by: Acts 2007, 80th Leg., R.S., Ch. 662, Sec. 2, eff. September 1, 2007.

Caselaw

Collateral Consequences

License Suspension

Ineligible for Deferred Adjudication

Surcharges
Adoption and Foster Care

Notes

The 2009 legislature gave police the power to force persons arrested for Chapter 49 offenses involving the operation of a motor vehicle to submit to warrantless blood draws if the person was

a.) an individual other than the person [driving] has suffered bodily injury and was transported to a hospital or other medical facility for medical treatment;
b.) the person is under arrest for DWI with a child passenger under 15;
c.) the officer has reliable information that the person has been previously convicted of DWI two or more times; or
d.) the officer has reliable information that the person has been previously convicted of DWI with a child passenger under 15, intoxication assault, or intoxication manslaughter.