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DWI Accidents With Injuries

As a Texas driver, you’re surely aware that driving while intoxicated (DWI) is against the law. Under Section 49.04 of the Texas Penal Code, DWI is generally prosecuted as a Class B misdemeanor offense, assuming there aren’t any aggravating circumstances present.

Whenever another person, such as a passenger, another driver or passenger, a pedestrian, or a bicyclist is injured or killed as a direct result of the drunk or drugged driving incident, the DWI automatically becomes more serious.

How so? The DWI is charged as a felony instead of a misdemeanor and therefore the DWI defendant faces harsher penalties as a result.

What will happen to you if you’re ever involved in a drunk driving accident and you injure someone else? Assuming the victim was not killed in the accident, you would most likely be prosecuted under Section 49.07 of the Texas Penal Code, Intoxication Assault.

Intoxication Assault Charges in Plano & Dallas

Under Sec. 49.07, you commit this offense if by accident or mistake you drive under the influence of drugs or alcohol and while operating a motor vehicle, you cause serious bodily injury to another person. What counts as serious bodily injury? Serious bodily injury means that the injuries were severe enough to:

  • Cause serious and permanent disfigurement
  • Place the person at a substantial risk of death
  • Cause a long-lasting impairment of any of the bodily functions

Intoxication Assault under Sec. 49.07 of the Texas Penal Code is prosecuted as a felony of the third degree, punishable by 2 to 10 years in prison, and a fine not to exceed $10,000 under Sec. 12.34 of the Texas Penal Code.

As you can imagine, many ordinary, non-criminals are involved in DWI accidents with injuries, which subsequently lead to intoxication assault charges.

The problem is, the penalties are very serious and a conviction can have a devastating effect on the defendant and their family. These are two reasons why a strong defense is critical.

Are you, or someone you love facing intoxication assault charges in Plano or Dallas? If so, contact The Zendeh Del Law Firm, PLLC to schedule a consultation with a member of our legal team!