Driving while intoxicated is against the law. Everyone knows that. But the laws involved with drinking and driving are numerous and cover many different situations. But each of those situations are all connected to whether a person was intoxicated while operating some sort of motorized vehicle.
One such situation happened recently when a woman was in an accident that resulted in three people being hospitalized. That accident was reported to the police, who immediately came on the scene to investigate. It was not difficult to get the police there or to investigate because it happened on a no-refusal weekend.
When the police and prosecution are running a no-refusal weekend, it is hard to escape being investigated for DWI, and if any evidence is turned up, arrested. These types of weekend efforts to enforce DWI laws revolve around weekends celebrated by drinking and gathering. These weekends are widely publicized prior to being enacted, and if the police come up with any arrest, the details are published for all to read.
That is exactly what happened to a Montgomery County woman early this year. After she was in a head-on collision, she is now facing criminal charges on top of having to deal with a totaled car, and her own injuries. Because people were injured, she will also be dealing with the more serious charge of intoxication assault.
The Basics of Intoxication Assault
In Texas, if you get into an accident which results in injuries to someone else, and you were driving drunk, then you will likely be charged with intoxication assault. It can be from operating a car, plane, boat, or other motorized craft while under the influence of alcohol. If the injury is serious enough to cause a substantial risk of death or serious permanent disability to a limb or organ, then that is the definition of intoxication assault.
Intoxication assault, while found in the same section of the penal code as DWI, is much more serious. A charge of intoxication assault is third degree felony. A third degree felony in Texas can result in very serious consequences. Felonies in Texas are broken down into five different kinds:
A third degree felony is a serious charge and can result in serious fines, or even prison time.
The Complex World of DWI Defense
Whether a first time DWI, or a felony intoxication charge, there are a lot of moving parts in the world of defending DWIs. Not only that, but many times DWI suspects are not afforded the same presumptions allowed people charged with other crimes, partly because of the public nature of DWIs, and how much attention they receive on a daily basis. It is a fact that facing and defending DWIs, in all their forms, is a complex endeavor.
A DWI charge is never just a DWI charge. There are complex rules, laws, and decisions involved in every case. That is why it is so important to have the right team to defend those charges and guide a DWI suspect to the best result possible. At The Wilder DWI Defense Firm our name says it all. If you are facing a DWI charge in the Dallas area, contact us today.