DWI Lawyer Explains Intoxication Assault
An Automatic Felony…Even the First DWI
Texas law provides in Penal Code section 49.07 that:
A person commits an offense if the person, by accident or mistake, while operating a motor vehicle, by reason of intoxication causes serious bodily injury to another.
“Serious Bodily Injury” means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
With some exceptions, this offense is automatically a third degree felony.
In defense of the criminally charged, even sober persons are involved in an accident in which one of the participants may be seriously injured. This event should not be a controlling issue in the DWI allegation.