A conviction for intoxication assault in Texas carries potentially stiff penalties including:
- Incarceration – Texas law requires anyone convicted of intoxication assault to serve a minimum of two years in the Texas State Prison System, unless you receive probation. Depending on the circumstances of the case, the judge may sentence the offender to up to ten years in prison.
- Probation – If you receive probation, you must serve a minimum of 30 days in the county jail as a condition for release. If the offense involved the use of a deadly weapon, the court may deny you the opportunity to receive any type of probationary sentence.
- Community Service – Under Texas law, the judge may impose between 160 and 600 hours of community service as a condition of probation.
- Fine – You may also face a fine of up to $10,000
Aside from the aforementioned penalties, you may also face additional consequences if convicted of intoxication assault, not limited to but including:
- Deep Lung Air Device: This is an ignition interlock device that prevents you from driving while intoxicated. Once this is installed in your car, you must perform a breath test before your vehicle will start.
- Drug/Alcohol Testing/Treatment: You may be subject to periodic drug or alcohol testing during your probationary period. You may also be required to seek professional treatment for drug and alcohol addiction.
- DWI Education: You must complete a DWI education class within 180 days of being placed on probation. Failure to do so will result in automatic suspension of your driver’s license for up to one year.
- Electronic Monitoring: Depending on the terms of your release, you may also have to submit to electronic monitoring during your probationary period.
As of spring 2011, Texas lawmakers were pushing for stiffer penalties for intoxication assault cases. The Abdallah Khader Act, which was signed into law effective September 1, 2011, makes intoxication assault a second-degree felony if the victim suffers severe brain trauma which leaves them in a persistent vegetative state.
Intoxication assault is also considered a second-degree felony if the bodily injury occurs to a peace officer, firefighter, or emergency medical services worker during the course of official duty.
You may also be faced with a civil lawsuit if the victim or their family chooses to sue you. Under Texas law, you may be required to pay compensation to the victim for their injuries. A civil judgment may be entered against you even if you’re cleared of criminal charges.