Getting arrested for driving while intoxicated in Texas is already a serious matter. But when a DWI involves someone getting hurt, the situation becomes much more severe. In Texas, a DWI with injury can lead to felony charges, which carry heavier punishments than a regular DWI. This includes longer jail time, higher fines, and a criminal record that may follow someone for life. People going through this are often scared and unsure of what could happen next.
Texas law treats any injury caused while driving drunk as a sign of reckless behavior. Even if the injury was not planned or wanted, the law still sees it as a crime. This is because drivers are expected to stay sober and avoid putting others in danger. When someone drinks and drives, and then gets into a crash where someone gets hurt, the driver could be charged with a felony DWI or something called intoxication assault.
Understanding Intoxication Assault in Texas
Intoxication assault is a legal term that means someone hurt another person while driving drunk. In Texas, this happens when a person operates a motor vehicle, is legally intoxicated, and causes serious bodily injury to another person. Serious injury means more than a simple bruise or cut. It means a person could suffer long-term pain, lose the use of a body part, or even be at risk of death.
This kind of charge is not taken lightly by police, prosecutors, or judges. It’s considered a third-degree felony. That means the person accused could face two to ten years in prison and a fine up to $10,000. This is much more than the punishment for a first-time DWI without injury, which is usually a misdemeanor.
How Prosecutors Try These Cases
Prosecutors in Texas often work hard to prove that the driver was drunk and caused the injury. They may use breath or blood test results, video from police body cameras, or witness statements. If someone refused a test, the state can still try to prove intoxication based on how the person looked, acted, or talked during the traffic stop.
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Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023.
The government also must show that the injury was a direct result of the crash caused by the drunk driver. This could involve accident reports, medical records, or expert testimony. These cases can become complicated quickly. Even if the driver didn’t mean to hurt anyone, the law does not require intent. The only things that matter are whether the driver was intoxicated and whether that led to someone getting seriously hurt.
Possible Defenses to These Charges
Even though these cases are serious, not every arrest leads to a conviction. There are ways to defend against a charge of DWI with injury. One defense is that the driver was not actually intoxicated. If the breath or blood test was done incorrectly or the sample was not handled right, that could cast doubt on the evidence.
Another defense could be that the injury was not caused by the driver’s actions. For example, if the other driver made a mistake or weather conditions played a big role, then the cause of the injury might not be clear. In some cases, the person accused may not have been the driver at all.
An experienced legal team can look at all the evidence, ask the right questions, and find ways to challenge the state’s case. Every case is different, and small details can make a big difference in the outcome.
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The Long-Term Impact of a Conviction
If someone is found guilty of intoxication assault, the effects go beyond prison time and fines. A felony conviction can make it hard to get a job, rent an apartment, or even qualify for some loans. It may also impact a person’s ability to vote or own a firearm. These long-term consequences can change a person’s life in many ways.
In addition to the criminal penalties, the injured person might sue the driver in civil court. This means the driver could also be forced to pay money for medical bills, pain, lost wages, or other damages. Civil lawsuits are separate from criminal charges but can happen at the same time.
How This Affects Driver’s Licenses and Insurance
A person convicted of a DWI with injury will likely lose their driver’s license for a long time. The Texas Department of Public Safety may suspend or revoke the license, especially if the person has other DWI arrests on their record. Getting it back may require taking special classes, getting an ignition interlock device installed in the car, or paying extra fees.
Car insurance will also be affected. Insurance companies often cancel policies or raise rates sharply for people with DWI convictions. This can make it harder or more expensive to get back on the road, even after the case is over.
What Happens After the Arrest
After someone is arrested for DWI with injury, the legal process begins quickly. The first step is usually a bail hearing, where the judge decides if the person can go home while waiting for court. Then, the case moves through hearings and possibly a trial. The person will have a chance to see the evidence, speak through a lawyer, and tell their side of the story.
It’s important not to delay. People facing these charges should act fast to protect their rights. There are time limits on certain parts of the process, like challenging a license suspension or filing key documents. Missing a deadline can hurt a person’s chances in court.
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Why the Right Legal Help Matters
Facing a charge of DWI with injury can be one of the hardest times in someone’s life. It can feel overwhelming and scary, especially if someone has never been in trouble before. The law is strict and the penalties are tough. But people still have rights. A strong defense begins with understanding the case, the charges, and what options are available.
That’s why it’s so important to work with someone who understands Texas law and how to handle these cases. From checking if the tests were done right to seeing if the police followed the rules, every part of the case needs careful attention. The goal is to reduce the damage, protect the future, and fight for the best result possible.
Take the First Step Toward Your Defense
If you or someone you care about is facing a DWI charge with injury in Texas, now is the time to act. Every day that passes without taking steps to protect your rights can make things harder. You need someone who will listen, guide you through the process, and help build a defense you can count on.
The team at Wilder Law Firm has helped many people in situations just like yours. We know what’s at stake, and we are ready to help you take the first step toward putting this behind you. Reach out today for a consultation and find out what we can do for you.
