Intoxication Assault

Intoxication Assault cases arise when a driver is intoxicated and involved in an accident.  Intoxication Assault is a serious allegation. However, Intoxication Assault is also complex.  To be convicted of Intoxication Assault, the State has to prove certain facts.  If the State fails to prove their case, the person should be acquitted.


Under Section 49.07 of the Texas Penal Code, the offense of Intoxication assault requires proof that

a person;

by accident or mistake;

while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated;

by reason of that intoxication causes serious bodily injury to another or as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.

Causes the accident

It is critical that the person charged with the offense caused the accident.  If the accident was caused by another person or was not caused by the person’s intoxication, it is a defense to Intoxication assault.

Serious Bodily Injury

Serious Bodily Injury means an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss impairment of the function of any bodily member or organ.


Intoxication Assault is a third degree felony, and is punishable by 2 to 10 years of incarceration and a fine not to exceed $10,000.00.

However, if the injured person is a police officer, the offense is a felony of the second degree, and is punishable by 2 to 20 years of incarceration and a fine not to exceed $10,000.00.

If you or a loved one has been charged with Intoxication Assault, it is important to act quickly.  Analyzing the vehicles involved, the accident scene, and speaking to other drivers is important.  This information goes away because the scenes are cleaned up, cars are scrapped, and memories of the witnesses fades.  I will go out to the scene, arrange for investigators to talk to witnesses, and find experts to analyze the crash.  Call 817-231-0023 to talk to Brian J. Newman about working on your case.

Attorneys at the Law Office of Brian J. Newman are highly effective. I was accused of a crime, but I never had to attend court as the charges were dismissed thanks to my attorney's effort. I was worried sick because I did not know anybody who could confirm my location, but my lawyer was able to prove my innocence

- Pete.




I was wrongfully accused of DWI, and I can only say that reaching out to the Law Office of Brian J. Newman for help was the best decision I ever made. My lawyer helped me navigate my legal troubles reliably and thoroughly. Thanks to his effort, I have a criminal-free record because he properly defended me. I recommend this law firm to anyone, anytime

- Drake.


My son has his life back! He was charged with an offense he did not commit, but through the hard work and dedication of attorney Brian J. Newman, the jury found my son not guilty. I will forever be grateful to Mr. Newman. If accused of any crime, you will be best served and represented by the Law Office of Brian J. Newman

- Spencer.