Intoxication Assault Lawyer | Houston Felony DWI Defense Attorney

Board Certified Defense Against Felony DWI Charges

An accusation of intoxication assault is one of the most serious DWI-related charges in Texas. Prosecutors pursue these cases aggressively, and the penalties can include years in prison, even for first-time offenders. In cities like Houston, these cases are often handled by specialized units of prosecutors who are trained to prosecute serious intoxication offenses and are considered some of the most experienced attorneys in the District Attorney’s Office.

If you are charged with intoxication assault in Houston or anywhere in Harris County, it is critical to work with an experienced DWI defense attorney as soon as possible.

Jose Ceja is a former prosecutor and Board-Certified Criminal Law Specialist who represents clients in intoxication assault and other felony DWI cases. Mr. Ceja is recognized as a Texas Super Lawyer. Ceja Law Firm builds strategic defenses focused on protecting your freedom, your record, and your future.

What Is Intoxication Assault Under Texas Law?

Under Texas Penal Code §49.07, a person commits intoxication assault if:

They operate a motor vehicle, watercraft, aircraft, or amusement ride;
While intoxicated; and
By reason of that intoxication, cause serious bodily injury to another.

Serious bodily injury means injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in long-term loss or impairment of a body part or organ.

How is intoxication assault punished in Texas?

Intoxication assault is a third-degree felony in Texas. The possible consequences include:

2 to 10 years in prison
Up to $10,000 in fines
Driver’s license suspension for 180 days to 2 years
Mandatory ignition interlock device if granted bond or probation
Probation (if available) with potential jail time as a condition
A permanent felony conviction that cannot be expunged or sealed

If the injured person is a peace officer, firefighter, or emergency medical personnel, the charge may be enhanced to a second-degree felony, punishable by 2 to 20 years in prison.

Act Quickly: You Have 15 Days to Protect Your License After an Arrest

In addition to criminal charges, an arrest for intoxication assault will likely trigger a separate Administrative License Revocation (ALR) case. This is a civil proceeding initiated by the Texas Department of Public Safety (DPS) to suspend your driver’s license based on your arrest—not your conviction.

You have only 15 days from the date of your arrest to request an ALR hearing. If the request is not made within that window, your license may be automatically suspended for 180 days or more — well before your criminal case is resolved.

Even if you win your ALR hearing, a conviction for intoxication assault can lead to a separate suspension imposed by the court. That’s why it’s critical to have a DWI defense lawyer who understands both the criminal and administrative sides of your case and can preserve your right to drive while fighting the underlying charge. For more information about Administrative License Revocations, visit our ALR page.

Key Elements the State Must Prove in an Intoxication Assault Case

To convict someone of intoxication assault, the prosecution must prove:

The defendant was operating a vehicle (typically a motor vehicle);
The defendant was intoxicated under Texas law;
By reason of that intoxication, the defendant caused serious bodily injury.

Possible Defenses to Intoxication Assault

Every case is different, but common defenses include:

No Causation

Even if intoxication is proven, the State must show that the intoxication caused the injury. If the other driver ran a red light or the injured person contributed to the crash, causation may be disputed.

Inaccurate BAC or Testing Issues

Breath and blood tests are not infallible. Ceja Law Firm frequently challenges testing procedures, chain of custody, machine calibration, and lab errors.

Blood Testing in Intoxication Assault Cases

In serious DWI cases like intoxication assault, police almost always obtain a blood sample, often through a warrant. These samples are then analyzed by a crime lab, but errors can occur at every stage—from how the blood is drawn and stored, to how it’s tested and reported. Contamination, fermentation, improper handling, or inaccurate lab procedures can all lead to inflated or false results. Ceja Law Firm closely examines lab records, technician qualifications, and toxicology standards in every felony DWI case.

Medical Conditions

Certain medical issues can mimic intoxication and impair performance on field sobriety tests. If you have diabetes, neurological conditions, or other health concerns, these must be considered.

Unlawful Arrest or Detention

In intoxication assault cases, there is typically no traffic stop—instead, police respond to the scene of a crash. However, the legality of the detention and arrest can still be challenged. If officers lacked probable cause to believe you were intoxicated, or if they violated your constitutional rights during the investigation or arrest, key evidence—including blood test results—may be suppressed.

Necessity or Emergency Defense

In rare cases, a person may drive while impaired to avoid a greater harm. Texas recognizes the defense of necessity when properly established.

Understanding Causation in Intoxication Assault Cases

Causation is one of the most heavily litigated elements in intoxication assault cases. It is not enough for the State to show that someone was intoxicated and that an accident occurred. Under Texas law, the State must prove that the intoxication itself caused the injury, not merely that the defendant was intoxicated at the time.

This means there must be a direct causal link between the intoxication and the injuries suffered. For example, if another driver ran a red light or caused the crash, and the defendant’s intoxication played no role in the injury, the causation element may not be satisfied.

Challenging Causation

Ceja Law Firm frequently challenges the State’s evidence on causation by:

Hiring accident reconstruction experts
Examining the positioning of the vehicles, damage patterns, and timing
Demonstrating that the injury would have occurred regardless of intoxication

Even if intoxication is proven, a strong causation defense can lead to a reduction or dismissal of charges.

Examples of Causation Issues

A driver is rear-ended by another vehicle but is later arrested for DWI. The other driver is injured, but the intoxicated driver did not cause the crash.
A crash occurs due to mechanical failure or poor weather, and intoxication is incidental. The injury was not caused “by reason of intoxication.”

Because of the serious penalties involved, proving causation beyond a reasonable doubt is essential to a conviction. This is often the most important area of focus for the defense.

Can Intoxication Assault Be Based on Drugs?

Yes. In Texas, intoxication assault is not limited to alcohol—it can also be charged when a person is impaired by drugs, medications, or a combination of substances. Under Texas Penal Code §49.01(2), a person is legally intoxicated if they lack the normal use of their mental or physical faculties due to any substance, not just alcohol.

This includes common substances like marijuana (THC), Xanax, Ambien, Adderall, opioids, or even certain over-the-counter medications. Unlike alcohol, there is no legal “limit” for most drugs, which means these cases often rely on blood test results and the opinion of officers or Drug Recognition Experts (DREs).

Defending intoxication assault cases involving drugs is highly technical and requires careful scrutiny of the arrest, the blood analysis, and whether the substance actually impaired your ability to drive. Visit our Drug DWI page for more information about how drugs may affect a DWI or intoxication assault.

Hospital Blood Draws and Intoxication Assault Cases

In serious accidents, blood is often drawn at the hospital as part of routine medical care. While this testing is not done for law enforcement purposes, police can later obtain these results through a subpoena or search warrant. However, these medical blood tests are not always reliable for criminal prosecution. They are conducted under different protocols, may not follow forensic standards, and can lack key documentation like chain of custody or calibration records.

At Ceja Law Firm, we carefully examine whether the hospital blood draw was legally obtained and whether it meets the standards necessary to support a criminal conviction. If the sample was accessed without a proper warrant or contains gaps in documentation, we may be able to exclude it from evidence.

Immigration Consequences of Intoxication Assault

Because intoxication assault is a felony involving serious injury, it can have devastating immigration consequences, including:

Deportation or removal proceedings
Inadmissibility to the United States
Ineligibility for a green card or naturalization

If you are not a U.S. citizen, it is critical to inform your attorney immediately. Ceja Law Firm works with immigration counsel when necessary to develop strategies that minimize long-term immigration risks.

Frequently Asked Questions (FAQs)

Should I Seek Alcohol Counseling After an Intoxication Assault Arrest?

Seeking alcohol counseling proactively can demonstrate to the court that you are taking responsibility and addressing any underlying issues related to alcohol use. Engaging in counseling or treatment programs may positively influence the outcome of your case and could be considered favorably during sentencing or negotiations. It’s advisable to consult with your attorney about enrolling in such programs, as they can provide guidance tailored to your specific situation.

Can I Be Charged with Intoxication Assault If I Wasn’t Over the Legal BAC Limit?

Yes. In Texas, you can be charged with intoxication assault if you operate a vehicle while impaired due to alcohol or drugs and cause serious bodily injury to another person, regardless of your blood alcohol concentration (BAC). The prosecution must prove that your intoxication was a contributing factor to the injury.

How Does an Intoxication Assault Charge Affect My Criminal Record?

A conviction for intoxication assault results in a felony record, which can have long-term impacts on various aspects of your life, including employment opportunities, housing applications, and the right to possess firearms. Felony convictions are permanent and cannot be expunged or sealed in Texas.

Are There Alternative Sentencing Options Available for Intoxication Assault?

In some cases, courts may consider alternative sentencing options such as probation, community service, or participation in substance abuse treatment programs. Eligibility for alternative sentencing depends on factors like prior criminal history, the circumstances of the offense, and demonstration of remorse or rehabilitation efforts. Your attorney can advocate for alternative sentencing if appropriate in your case.

How Long Will My Driver’s License Be Suspended After an Intoxication Assault Conviction?

A conviction for intoxication assault can lead to a driver’s license suspension ranging from 180 days to 2 years. The duration depends on prior offenses and whether you successfully requested an ALR hearing.

Is intoxication assault the same as DWI?

No. Intoxication assault is a more serious charge that involves causing serious bodily injury while driving intoxicated. A standard DWI does not involve injury and is usually a misdemeanor.

Can I get probation for intoxication assault?

Possibly. Probation is available in some cases, but the court may require jail time as a condition and impose strict supervision terms. Whether you are eligible depends on your criminal history and the facts of the case.

Will I go to prison if convicted?

If convicted, you face 2 to 10 years in prison for a third-degree felony (or up to 20 years if enhanced). However, with skilled representation, it may be possible to avoid a conviction or negotiate a probation sentence.

Can intoxication assault be expunged or sealed?

No. A conviction for intoxication assault cannot be expunged or sealed. This is why it is critical to fight the charge from the beginning.

What counts as serious bodily injury?

In Texas, serious bodily injury means an injury that creates a substantial risk of death, causes permanent disfigurement, or impairs a body part or organ. Broken bones, internal injuries, or significant scarring often qualify.

What if I was injured too?

Even if you were also hurt, you can still be charged if someone else suffered serious injury and the State believes your intoxication caused the crash.

What if the other driver was at fault?

If the evidence shows that another driver caused the crash or contributed significantly, causation may be challenged. You may not be legally responsible for intoxication assault.

Can intoxication assault charges be reduced or dismissed?

Yes. Depending on the evidence, intoxication assault charges can sometimes be reduced to a misdemeanor DWI or even dismissed. Common grounds include insufficient proof of intoxication, lack of causation, or problems with chemical testing. Ceja Law Firm conducts a thorough review of every case to identify weaknesses and fight for the best possible outcome.

Will I lose my job if I’m convicted of intoxication assault?

A felony conviction can have serious professional consequences. Many employers conduct background checks and may terminate employees with felony records, especially those in education, healthcare, government, or commercial driving. If you hold a professional license, a conviction could also trigger disciplinary action. Avoiding a felony conviction is critical for protecting your career.

How is intoxication proven in an intoxication assault case?

Texas law allows the State to prove intoxication in two ways: either by showing a blood alcohol concentration (BAC) of 0.08 or higher, or by demonstrating that you lacked the normal use of mental or physical faculties due to alcohol, drugs, or both. Prosecutors rely on chemical test results, field sobriety tests, officer observations, and witness statements to make their case.

What qualifies as serious bodily injury in an intoxication assault case?

Texas law defines serious bodily injury as an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in prolonged loss or impairment of a body part or organ. Examples may include broken bones, spinal injuries, severe burns, or internal organ damage.

Speak with a Houston Intoxication Assault Defense Lawyer

If you have been charged with intoxication assault in Houston or anywhere in Harris County, the consequences can be life-altering. A felony conviction can follow you forever and may result in prison time, loss of your license, and permanent damage to your reputation and career.

Ceja Law Firm provides strategic, aggressive defense for those accused of intoxication assault and felony DWI charges in Houston and surrounding areas. We investigate every aspect of your case, challenge the evidence, and fight for the best possible outcome.