McKinney, TX Intoxication Assault Lawyers

Attorneys Assisting With Drunk Driving Charges Involving Injuries in McKinney, Texas

People may be arrested for driving while intoxicated (DWI) in a variety of situations, including after car accidents take place. If a person is accused of causing someone else to suffer a serious injury in an accident because of drunk driving, the charges will be more serious than a typical misdemeanor DWI. Felony DWI charges may apply in these situations, and the penalties a person may face can affect their life for years to come.

People in McKinney and the surrounding areas who are facing charges of intoxication assault will need to understand the issues that may be addressed in these cases, the elements that prosecutors will need to prove, the penalties they may face, and the defense options that may be available. At Texas Defense Firm, our lawyers can provide representation for people who have been charged with felony offenses related to intoxicated driving. We can help them take steps to resolve cases successfully while avoiding the long-term penalties that may apply after a felony conviction.

Understanding Intoxication Assault Charges

A person can be charged with intoxication assault if they are accused of operating a vehicle while under the influence of alcohol or drugs and causing someone else to suffer a serious bodily injury. In these cases, the same standards for intoxication may apply as in other types of DWI cases. A blood alcohol concentration (BAC) of at least .08 percent or other evidence that a person was impaired because of the use of drugs or alcohol may be used to show that they were intoxicated when an accident occurred.

Intoxication assault charges may apply regardless of whether a person drove recklessly or committed a traffic violation. A prosecutor may argue that a person's intoxication was the cause of an accident and that they were responsible for injuries that occurred in the collision. An injury to a passenger in a driver's vehicle, a driver or passenger in another vehicle, a pedestrian, or a cyclist could lead to felony charges.

Types of Injuries That Qualify as Serious Bodily Injuries

Because intoxication assault charges may apply if a person suffered a serious bodily injury in a collision, it is important to understand what types of injuries may be considered in these cases. A serious bodily injury will generally include any forms of bodily harm that put someone in danger of being killed. These injuries may also involve permanent disfigurement, ongoing disabilities, issues that disrupted the functions of internal organs, or other long-term or permanent impairments.

Injuries that meet the threshold for intoxication assault charges may include traumatic brain injuries, spinal cord injuries resulting in paralysis or loss of mobility, broken bones that require surgery to repair, damage to internal organs, severe burns, or amputations. Any other injuries that result in permanent scars or long-term disruption to a person's bodily functions may also qualify. However, an injury that can heal within a short period, such as a minor sprain or a small laceration, may not qualify as a serious bodily injury.

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Penalties for an Intoxication Assault Conviction

Intoxication assault is typically charged as a third-degree felony. A conviction carries a punishment range of two to 10 years in prison, along with potential fines of as much as $10,000. Certain circumstances can increase this range further. However, increased charges may apply in certain situations. A case involving a serious bodily injury to an emergency medical technician or firefighter may result in second-degree felony charges. If a police officer was allegedly injured by intoxicated driving, a person may be charged with a first-degree felony.

When a Charge May Escalate to Intoxication Manslaughter

If a person injured in a DWI accident dies from their injuries, a person may be charged with intoxication manslaughter (sometimes known as vehicular manslaughter) rather than intoxication assault. In these cases, a person may face second-degree felony charges. The maximum prison sentence that may apply following a conviction will increase to 20 years.

Defense Strategies in Intoxication Assault Cases

In cases involving allegations of DWI resulting in serious bodily injuries, prosecutors will not only need to prove that a person was intoxicated while driving, but they will also need to prove that intoxication was the cause of someone's injuries. Our lawyers can help clients defend against these charges through strategies such as:

• Disputing the Cause of an Accident: A prosecutor will need to prove that intoxication was the reason why an injury occurred. Our attorneys may highlight other factors that contributed to an accident, such as negligent driving by the injury victim, poor road conditions, or mechanical defects in a vehicle. By disputing that a person caused an accident because of alcohol or drug use, we may be able to avoid a conviction for intoxication assault.
• Disputing the Severity of Injuries: We may use medical records, expert testimony, and other forms of evidence to determine whether the injuries that occurred in an accident qualify as serious bodily injuries. We may be able to show that the injuries suffered by a victim do not meet the criteria for intoxication assault charges.
• Challenging Evidence of Intoxication: Many of the same defenses that may be available in other types of DWI cases may apply in intoxication assault cases. Our lawyers can look at field sobriety tests that were performed and review the procedures followed during breath or blood tests to determine whether evidence may be challenged. If a prosecutor cannot prove that a person was intoxicated, intoxication assault charges or other DWI charges may be dismissed.

Contact Our McKinney Intoxication Assault Attorneys

The penalties for an intoxication assault conviction can be severe, and they may affect a person for the rest of their life. At Texas Defense Firm, our attorneys can build effective defenses against these charges, helping clients defend against felony convictions. Contact our McKinney, TX intoxication assault defense lawyers at 972-369-0577 to set up a free consultation.