Criminal Defense North Texas
When a substance—legal or illegal—impairs your ability to operate a vehicle, the legal consequences in Texas escalate quickly. While Section 8.04 deals with intoxication as a general defense, specific statutes like Chapter 49 of the Texas Penal Code create crimes where intoxication is an essential element of the offense itself.
At Beltz Law Group, we defend clients against the full spectrum of alcohol-related offenses, from first-time misdemeanors to high-stakes felonies.
1. Driving While Intoxicated (DWI)
In Texas, you are legally intoxicated if your Blood Alcohol Concentration (BAC) is 0.08% or higher, or if you have lost the “normal use of mental or physical faculties” due to any substance.
- First Offense: Typically a Class B Misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000.
- Enhanced Penalties: If your BAC is 0.15% or higher, the charge is automatically bumped to a Class A Misdemeanor, doubling the potential jail time and fines.
2. Intoxication Assault
If an intoxicated driver causes “serious bodily injury” to another person by accident or mistake, the charge is Intoxication Assault, a third-degree felony.
- Serious Bodily Injury: Defined as an injury that creates a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of any bodily member or organ.
- Punishment: 2 to 10 years in prison and a fine of up to $10,000.
3. Intoxication Manslaughter
Criminal Defense North Texas
This is one of the most severe charges in the Texas Penal Code. It occurs when an intoxicated driver operates a motor vehicle (or aircraft, watercraft, or amusement ride) and causes the death of another person “by accident or mistake.”
- Classification: Second-Degree Felony.
- Punishment: 2 to 20 years in prison.
- Mandatory Requirements: If convicted, Texas law often requires a minimum of 120 days in jail as a condition of any potential probation.
The “Accident or Mistake” Rule
It is a common misconception that the State must prove you intended to hit someone to be convicted of Intoxication Manslaughter. Under Section 49.08, the State only needs to prove:
- You were intoxicated.
- You were operating a vehicle in a public place.
- Because of that intoxication, a death occurred.
The fact that it was an “accident” is built into the definition of the crime; the intoxication itself replaces the need for the State to prove criminal intent.
Defending Intoxication Charges
Defending these cases requires a dual-track strategy. We challenge the legality of the stop and the scientific validity of the evidence:
- Blood/Breath Testing: Was the machine calibrated? Was the blood draw performed according to strict medical protocols?
- Field Sobriety Tests: Were the tests administered in a way that accounts for medical conditions, uneven pavement, or poor lighting?
- Causation: In felony cases, we investigate whether the intoxication was truly the cause of the accident. If the other driver was at fault or a mechanical failure occurred, the “Intoxication” element may not be the legal cause of the injury or death.
Is your future on the line due to an intoxication charge? The window to protect your driver’s license and your freedom is small. At Beltz Law Group, we start working immediately to challenge the State’s evidence from every angle.
