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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Criminal Defense Attorney
Douglas Wilder
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. .
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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- Anil Lingutla
I was charged with a DWI and resisting arrest. Knowing Mr. Wilder previously, I went with the Wilder Law Firm to help me out. Their office was able to get my resisting charge thrown out and reduced my DWI charge for me. This result and lesser sentence allows me a better opportunity to recover from the mistake I made. I appreciate Megan being so kind and patient with me during my process. I would recommend her 10/10."
- Isaac Harrell
After being arrested for DUI, I contacted Doug Wilder upon recommendation. Mr. Wilder and his entire staff were amazing with their professional handling of my case from start to finish. Every time I rang with questions someone answered the phone, no long waits for a return call. This was important to me considering a DUI is so stressful. Mr. Wilder and his staff not only got my case dismissed but also guided me through the process and offered utmost care. I cannot thank them enough and highly recommend the Wilder Firm."
- JJ Canter