Intoxication Assault...Someone Was Injured

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 disfugurement 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.

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I represent clients from Tyler, Texas, and throughout the surrounding areas, including the cities of Longview, Lufkin, Nacogdoches, Athens, Canton and Marshall; Rusk County, Smith County, Cherokee County, Gregg County, Harrison County, Henderson County, Hunt County, Kaufman County, Jefferson County, Panola County, Navarro County, Van Zandt County, Angelina County, Anderson County, Wood County, Upshur County, Marion County, Hopkins County, Cass County, and throughout East Texas.