A Serious Injury Doesn't Mean You’re Guilty. The State Still Has to Prove Its Case.

An intoxication assault charge is one of the most serious allegations that can arise from a DWI investigation. A person with no prior arrests and no prior DWI convictions can find themselves facing a felony because a traffic accident resulted in a serious injury.

An accident alone doesn’t support an intoxication assault conviction. A serious injury doesn’t establish criminal responsibility. The fact that someone was hurt doesn’t reduce the State’s burden. Before a conviction is possible, the State must prove every required element beyond a reasonable doubt.

At Denuna & Westbrook, PLLC, we represent individuals facing intoxication assault charges throughout Houston and the Gulf Coast region. We examine the accident investigation, the scientific evidence, the medical evidence, and the State’s theory of causation to determine whether every required element can actually be proven.

When a DWI Becomes an Intoxication Assault Charge

Intoxication assault is charged as a Third-Degree Felony regardless of the driver’s prior criminal history. A single accident resulting in serious bodily injury is enough to trigger a felony prosecution.

Under Texas Penal Code Section 49.07, the charge carries a punishment range of two to ten years in prison and a fine of up to $10,000. If the victim is a peace officer, firefighter, or emergency medical services personnel acting in the course of their duties, the charge elevates to a Second-Degree Felony, with a punishment range of two to twenty years.

The seriousness of the allegation doesn’t eliminate the State’s burden of proof.

Civil Fault and Criminal Responsibility Are Not the Same Thing

Every day, accidents occur on Texas roads. Some involve poor judgment, distraction, negligence, or mistakes behind the wheel. Those facts may create civil liability and become the subject of insurance claims or lawsuits.

Intoxication assault requires something more. The State must prove that intoxication caused the accident and the accident caused the serious bodily injury. Without that connection, the prosecution can’t prove its case. Being involved in an accident, even one where alcohol was present, is not the same thing as committing intoxication assault.

The Five Elements the State Must Prove

Under Texas Penal Code Section 49.07, the State must satisfy every one of the following beyond a reasonable doubt:

1. A person operated a motor vehicle in a public place
2. The person was intoxicated
3. An accident occurred
4. The intoxication caused the accident
5. The accident caused serious bodily injury to another person

Texas law defines intoxication three ways: loss of normal mental faculties, loss of normal physical faculties, or a blood alcohol concentration of 0.08 or greater, each caused by alcohol, drugs, controlled substances, dangerous drugs, or a combination of substances.

Prosecutors may attempt to demonstrate intoxication through officer observations, field sobriety testing, witness testimony, video evidence, breath or blood testing, or drug-related evidence. If the State can’t prove all five elements, it can’t obtain a conviction.

Causation Is the Central Issue

Most intoxication assault cases focus on a single issue: did intoxication actually cause the accident and resulting injury?

The State must prove more than the presence of alcohol or another substance. Accidents occur for reasons that have nothing to do with intoxication: another driver’s actions, roadway conditions, construction zones, mechanical failures, visibility issues, weather, or a medical emergency. Even if a substance was present, that doesn’t mean intoxication caused the collision.

The issue isn’t whether alcohol existed. The issue is whether intoxication caused the injury. That distinction is where many of these cases are won or lost.

What Serious Bodily Injury Actually Means

Texas law defines serious bodily injury as an injury that creates a substantial risk of death, causes permanent disfigurement, or results in a protracted loss or impairment of any bodily member or organ. Not every injury qualifies. A broken bone may or may not meet the definition depending on the severity and prognosis. Cuts, bruises, and minor fractures that heal without lasting impairment generally don’t satisfy the statutory standard.

The State must prove the injury qualifies, which requires medical evidence, expert testimony, and detailed examination of the nature, extent, and long-term impact of the injury. Disputes about severity, prognosis, and whether the injury meets the statutory definition are legitimate defense issues in every intoxication assault case.

The Investigations Behind the Charge

Intoxication assault prosecutions involve the accident investigation and the DWI investigation. Each produces evidence prosecutors rely on at trial, and each has its own set of issues worth examining.

Accident reconstruction plays a central role in how the State argues causation. A reconstruction that is incomplete, built on flawed assumptions, or conducted before all evidence was gathered may overstate what the evidence actually shows. Chemical testing in accident cases frequently occurs well after the collision, raising the issue of whether the result accurately reflects the driver’s condition at the time of driving.

The two investigations each deserve independent examination, not taken at face value because an injury occurred.

Consequences to Your Driver’s License

A DWI arrest always triggers an Administrative License Revocation (ALR) proceeding, which is independent of the criminal case, has its own procedures, and runs on its own timeline. In most situations, the officer issues a Notice of Suspension at the scene, and you have 15 days to request a hearing. The exception is a consensual blood draw, where the deadline runs from when DPS mails a notice after receiving the lab results. Missing the strict deadlines will lead to an automatic suspension. Requesting an ALR hearing and challenging the suspension is always the first step in any DWI case, including Intoxication Assault.

Bond Conditions in Intoxication Assault Cases

Under Texas Code of Criminal Procedure Article 17.441, an ignition interlock device is mandatory as a bond condition in intoxication assault cases, provided the court permits driving at all. The device must be installed within 30 days of release and remains in place until the case is resolved.

Courts may also impose alcohol monitoring, travel restrictions, reporting obligations, and abstinence requirements. A dirty drug test, a failed alcohol blow, or a missed check-in can derail favorable negotiations before the case reaches a resolution.

Serious Injuries Don’t Eliminate the State’s Burden

When someone suffers a significant injury, the emotional weight of the case can feel overwhelming. Judges, jurors, investigators, and prosecutors are human. Serious injuries create strong reactions. But criminal cases aren’t decided by outcomes. They’re decided by evidence.

Sympathy for an injured person doesn’t replace proof. The State must still prove intoxication, causation, serious bodily injury, and every other required element beyond a reasonable doubt, regardless of how serious the injury was or how it appears in the evidence.

Intoxication assault prosecutions involve legal, scientific, medical, and engineering issues that intersect in ways that can change the outcome. Every aspect of the State’s case deserves close examination before any conclusions are reached.

Intoxication Assault Defense in Houston

Chris Denuna and Nick Westbrook have defended intoxication assault cases involving some of the most serious factual circumstances, cases where the injuries were severe, the evidence appeared overwhelming, and the pressure to accept a plea deal was significant.

The standard doesn’t change based on the severity of the allegation. Every aspect of the State’s case is examined: the accident investigation, the chemical testing, the reconstruction evidence, the medical evidence, and the causation theory. The State carries the burden of proof on every element, and that burden doesn’t diminish because an injury occurred.

Frequently Asked Questions — Intoxication Assault in Texas

Does an injury automatically mean I’m guilty of intoxication assault?

No. The State must prove not only that an injury occurred but also that intoxication caused the accident and the resulting injury.

Can I be charged if the accident wasn’t my fault?

Fault and causation are central issues in these cases. The State must prove intoxication caused the accident, not simply that one occurred.

What qualifies as serious bodily injury?

Texas law requires proof of an injury that creates a substantial risk of death, causes permanent disfigurement, or results in protracted loss or impairment of a bodily member or organ. Not every injury meets that definition.

Does a high BAC automatically prove intoxication assault?

No. Even with evidence of intoxication, the State must still prove causation and that the injury meets the statutory definition of serious bodily injury.

Will I go to prison if charged with intoxication assault?

Not necessarily. The outcome depends on the evidence, the facts, the available defenses, and how the case is resolved.

Contact a Houston Intoxication Assault Lawyer Today

An intoxication assault allegation involves far more than an accident report and a chemical test result. The State must prove intoxication, causation, serious bodily injury, and every other required element beyond a reasonable doubt.

Denuna & Westbrook, PLLC represents individuals charged with intoxication assault throughout Houston and the Gulf Coast region, including Harris County, Fort Bend County, Montgomery County, Galveston County, Brazoria County, and Waller County.

Time matters in these cases. The sooner you hire an experienced defense attorney, the sooner you can start protecting your rights and freedom.