By Graham Norris

One moment can divide a life into before and after. A standard DWI charge is serious, but when the incident involves another person’s injury, the legal landscape shifts violently—you are no longer looking at a misdemeanor but facing a serious felony offense known as Intoxication Assault.

This charge represents one of the most severe allegations under Texas DWI law. The stakes—your freedom, finances, and future—are exponentially higher, making it critical to know what the state must prove and the strategic defenses available.

Intoxication Assault – The Elements of the Charge

A conviction is not automatic. The prosecution must successfully prove every single element of the offense, building an unbreakable chain of evidence that links your actions directly to a specific outcome.

Proving Intoxication

First, the state must demonstrate you were legally intoxicated. This typically relies on breath or blood test results, officer observations, and performance on field sobriety tests. However, this evidence is not impervious. The procedures for administering tests are strict, and the science behind chemical analysis is complex. A powerful defense involves a microscopic examination of this process, searching for any deviation from protocol or flaw in the evidence gathering.

Defining “Serious Bodily Injury”

Not every injury qualifies. According to the Texas Penal Code, “serious bodily injury” means an injury that creates a substantial risk of death, or that causes serious permanent disfigurement or protracted loss or impairment of a bodily function or organ. This legal definition is far more severe than simple bruises or minor fractures, often involving long-term or life-altering medical conditions for the victim.

The Critical Link of Causation

This is often the most complex battlefield. The state must prove that your intoxication caused the accident and the resulting serious injury. They must convince a judge or jury that, but for your impaired state, the collision would not have happened. This opens the door to present alternative explanations, such as road hazards, the actions of another driver, or unexpected mechanical failure.

The Severe Penalties of an Intoxication Assault Conviction

A conviction for Intoxication Assault carries consequences that echo for a lifetime, far beyond any jail sentence. This felony charge alters the very fabric of your future.

• Prison Time: Intoxication Assault is generally a third-degree felony, punishable by 2 to 10 years in a state prison and a fine of up to $10,000. If the victim is a firefighter, EMT, or peace officer, the charge escalates to a second-degree felony, carrying a potential 2 to 20-year sentence.
• Driver’s License Suspension: A conviction triggers an automatic driver’s license suspension for up to two years, creating immense hardship for work and family obligations.
• Lasting Collateral Damage: A felony conviction creates a permanent record. It can block access to certain careers, professional licenses, educational loans, and housing opportunities. The social and personal stigma is profound and enduring.

Potential Defense Strategies in an Intoxication Assault Case

An arrest is the beginning of a fight, not the end. An effective defense challenges the state’s case at every possible juncture, creating reasonable doubt by attacking the integrity of their evidence.

Challenging the Stop and Arrest

The legality of the initial traffic stop is the foundation of the entire case. If the officer lacked a valid legal reason to detain you, then all evidence gathered afterward—from their observations to your test results—can potentially be suppressed and thrown out of court. Successfully arguing this point can dismantle the prosecution’s case before it even begins.

Attacking the Intoxication Evidence

This is a detailed, technical battle. It involves scrutinizing the maintenance records and calibration of breath test machines, the chain of custody and analysis methods of blood samples, and the officer’s strict adherence to standardized field sobriety test procedures. Even a valid test result can be challenged on timing, using scientific principles to argue that your level at the time of the test does not prove impairment at the time you were driving.

Disputing Causation and Injury Severity

A defense can present compelling evidence that factors other than intoxication were the true cause of the accident. Furthermore, working with medical professionals is crucial to challenge whether the injuries meet the stringent legal definition of “serious bodily injury.” Initial emergency room diagnoses can sometimes appear more severe than the long-term prognosis, and highlighting this discrepancy is a vital defense tactic.

The Human Element: Why Your Story and Proactive Steps Matter

In a case dominated by police reports and medical charts, it’s easy to feel reduced to a docket number. A comprehensive defense strategy recognizes the person behind the charges.

Beyond legal motions, proactive mitigation can powerfully influence the outcome. This means presenting you as a whole person—collecting character references, proof of stable employment, and evidence of community ties. Voluntarily engaging in counseling or responsible behavior programs before being ordered by the court demonstrates sincere personal accountability.

The ultimate goal is to protect your entire future—your career, your family, and your chance to move forward. A defense that merges relentless legal advocacy with a compassionate approach can seek not just the best legal result, but the best possible outcome for your future.

Take Control of Your Future: Secure Your Defense Today

The path forward from an Intoxication Assault charge is complex, but you do not have to walk it alone. At Norris Legal Group, we defend clients with a foundation of Dignity, Trust, and Fight, ensuring you are seen as a person while we challenge every detail of the prosecution’s evidence.

We offer proactive, strategic defense guided by former prosecutor Graham Norris’s unique insight. With a proven record of achieving dismissals and favorable outcomes in challenging cases, our team is ready to be your protector. Contact Norris Legal Group today for a confidential consultation and take the first critical step toward protecting your freedom and your future.