Houston Intoxication Assault Attorney
In Texas, intoxication assault occurs whenever an individual has an accident after drinking and driving that involves injury to another party. Defendants can be charged with this offense even if they were technically not at fault in the accident. All that’s required is for the state to prove beyond a reasonable doubt that an individual was intoxicated and that another person suffered bodily harm as a result. The accused may be charged with this crime in addition to facing charges for a DUI.
Punishments for Intoxication Assault
Intoxication assault is considered to be a third-degree felony in the state of Texas. Those who are found guilty of this offense can receive punishment that includes:
- Two to 10 years in prison
- Fine of up to $10,000
It’s also important for defendants to know that this crime is one of the more serious “3(g)” offenses. These are defined by the Texas Code of Criminal Procedures as being especially detrimental to society. As such, judges have little leeway when it comes to sentencing. For example, they may not sentence an offender to probation in lieu of time served. Those who are sentenced to a penal institution must serve at least half of their sentence or 30 years, whichever is less.
Defending Against One’s Charges
A “not guilty” verdict can still be obtained even if an individual provided a blood or breath sample that was above the legal limit. Some of the defenses that might be available include:
- Blood alcohol level was within legal limits but continued to rise after the arrest
- Challenging the officer’s definition of “probable cause” when stopping the vehicle
- Questioning the accuracy of blood alcohol testing
- Raising reasonable doubt about the victim’s injury
While it may seem like an uphill battle, those who are arrested should remember that they are innocent until proven guilty in a court of law. An aggressive intoxication assault attorney can often make the difference between serving time on this charge and obtaining one’s freedom.
Pick the Right Intoxication Assault Attorney
Houston criminal attorney Brett A. Podolsky has more than 15 years of experience practicing criminal law. He has worked as an assistant district attorney, and he finds the knowledge he gained in that capacity invaluable when serving his clients. Mr. Podolsky also has extensive trial experience and has won numerous acquittals.
Those who have been arrested for this crime should dial 713-227-0087 and talk to Brett A. Podolsky about setting up a free consultation.