DWI with Injury Lawyer in Plano, TX

Intoxication Assault Allegations in Collin County, Texas

When a driver is accused of physically harming another person as the result of driving while intoxicated by drugs or alcohol (DWI), that person can be charged with DWI with injury. The official term for DWI with injury is intoxication assault. This felony DWI offense is much more serious than a DWI offense in which no injuries occurred, which is more likely to be considered a misdemeanor. Intoxication assault charges can lead to harsher penalties in the state of Texas. Anyone who is accused of this offense in Collin County, Texas should immediately retain a capable attorney who serves the local area. I am an experienced Plano DWI lawyer who can provide you with guidance through each step of your criminal proceedings. I know that DWI convictions can have major negative impacts on individuals' lives, so I am committed to working tirelessly on behalf of my clients to achieve the best possible outcomes in their cases.

How does Texas define Intoxication Assault?

According to Texas Penal Code §49.07, a person commits intoxication assault (or DWI with injury) when he or she operates a motor vehicle in a public place while intoxicated and when that act leads to the serious bodily injury of another person. A bodily injury is considered to be "serious" when it creates substantial risk of death. It can also be classified in this way when it leads to serious permanent disfigurement, or the serious loss or impairment of an organ or bodily member. Individuals who operate aircraft, watercraft and amusement rides while impaired by drugs or alcohol can also be charged with intoxication assault if others are injured as a result of the offense.

Penalties Resulting from Conviction

Intoxication assault is a third-degree felony, which can lead to a sentence of 2 to 10 years of imprisonment and a fine of up to $10,000. Furthermore, a conviction for this offense can lead to automatic suspension of the defendant's driver's license for a period ranging from 90 days to a year, though that suspension period can be even longer for drivers with previous intoxication assault offenses on their records.

There are also certain scenarios for which these penalties can be enhanced. For example, if it a DWI offense leads to the serious bodily injury of a peace officer, a firefighter or emergency medical services personnel who was carrying out an official duty, the crime becomes a second-degree felony. This type of felony is punishable by 2 to 20 years of imprisonment and a fine of up to $10,000. Intoxication assault should not be confused with intoxication manslaughter (or vehicular manslaughter), which occurs when a DWI offense causes the death of another person.

Importance of a Strong Defense

According to the Texas Department of Transportation, Collin County had a total of 161 alcohol-related crashes that involved serious injuries. A total of 220 serious injuries stemmed from these crashes. When counting alcohol-related crashes that involved "other injuries," these accidents represented a total of 86 crashes and 122 injuries. The state's transportation department estimates that someone is hurt or killed in Texas by in an alcohol-related crash about every 20 minutes.

Considering these statistics, Texas state officials, law enforcement and prosecutors tend to take aggressive measures against those they believe to be guilty of DWI—sometimes even when the defendant is not actually guilty of the crime. For this reason, it is vital to ensure that you have a high-quality DWI defense attorney to help you safeguard your rights and your freedom. It could be possible to prove your innocence or to show that a conviction is not merited. Contact me at The Law Office of Troy P. Burleson if you are searching for a DWI attorney in Plano.