When a motor vehicle accident causes serious injuries, a DWI investigation may result in charges substantially more serious than an ordinary misdemeanor. Texas prosecutors may pursue intoxication assault when they allege that a driver’s intoxication caused serious bodily injury to another person. These cases frequently involve medical records, accident reconstruction, toxicology evidence, and disputes about causation. At The Law Office of Alex Tyra, P.C., we review the evidence underlying intoxication assault allegations in Longview and throughout East Texas.

Understanding Intoxication Assault

Texas Penal Code § 49.07 generally defines intoxication assault to include causing serious bodily injury to another person, by accident or mistake, because of intoxication while operating a motor vehicle in a public place.

The statute defines serious bodily injury to include injuries creating a substantial risk of death, causing serious permanent disfigurement, or resulting in prolonged impairment of a bodily member or organ.

Intoxication assault is generally a third-degree felony, although qualifying circumstances can increase the offense classification.

The Prosecution Must Establish Causation

Evidence of intoxication alone does not establish intoxication assault. The prosecution must connect the intoxication to the serious bodily injury.

We examine the collision sequence, road conditions, witness accounts, vehicle evidence, and whether another driver’s conduct contributed to the accident.

Challenging the Medical and Accident Evidence

Medical records may be necessary to determine whether the injuries meet the statutory definition of serious bodily injury.

We also evaluate chemical testing and whether the evidence reliably establishes intoxication during the relevant period.

Call The Law Office of Alex Tyra, P.C. for Your Free Consultation

If you are accused of intoxication assault after an accident in Longview or East Texas, call (903) 753-7499 for your free consultation with The Law Office of Alex Tyra, P.C.