Dallas DWI Assault – Causing Serious Bodily Injury
If you were arrested for DWI and were involved in an accident and caused serious bodily injury to another, the State can charge you with a 3rd degree felony. This increases the punishment to up to 10 years in the peneteniary.
The Prosecutor must prove beyond a reasonable doubt the following law as set out in the Texas Penal Code:
Section 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.
“Intoxicated” for this Assault means: not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.
As the above describes, the consequences if you are convicted of felony offense of Intoxication Assault are very serious and could include time in the penitentiary. Therefore, you must retain an attorney that has experience in the defense of DWI cases. Our Dallas defense lawyer, Murray L. Bristol, has the training and experience to aggressively defend you if you are charged with Dallas DWI causing serious bodily injury. He provides a free consultation, so call him today at 214.880.9988 to get your questions answered regarding your criminal case.