Intoxication is measured by a person’s blood alcohol content (BAC) level, and a person is considered to be intoxicated if their BAC level is over the legal limit. A person is also intoxicated if they are under the influence of drugs. In Texas, a person’s BAC level must be 0.08 percent or higher to be considered over the alcohol limit. There are several different laws in Texas that criminalize certain behavior while one is intoxicated, or having a BAC level that is over the legal limit.

What Does “Intoxication Assault” Mean in Texas?

A person commits the crime of intoxicated assault when they cause, either by mistake or accident, serious bodily injury to another:

  • While operating or assembling an amusement ride as a result of being intoxicated
  • While operating an aircraft or a watercraft while intoxicated
  • While operating a motor vehicle while under the influence of alcohol and/or drugs

What Does “Serious Bodily Injury” Mean in Texas?

Serious bodily injury is defined as causing:

  • Serious permanent disfigurement
  • Substantial risk of death
  • Protracted impairment or loss of any organ or limb    

What Is the Punishment for Intoxication Assault in Texas?

Intoxication assault is a third degree felony. The potential punishment for a third degree felony in Texas is:

  • Two to 10 years in state prison
  • $10,000 fine
  • Pay a fine and time in state prison

Is There Any Way I Can Face More Jail Time for this Crime?

Yes. If the victim sustained serious bodily harm and is a firefighter, police officer, or emergency medical personnel on duty, the crime is then a second-degree felony. A person may be sentenced to:

  • Two to 20 years in prison
  • $10,000 fine
  • Prison time and a fine

Do I Need an Attorney’s Help?

Since intoxication assault is a felony, you will likely need the assistance of a lawyer to properly defend an intoxication assault charge. You should talk to a Texas attorney about avoiding the consequences associated with this crime.