Law Office of Kimberly N. Shanklin, PLLC.
Serving Denton County Since 2002
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Intoxication Assault

Intoxication Assault

Chapter 49 of the Texas Penal Code defines intoxication and alcoholic beverage related offenses.

“Intoxication Assault”, as per § 49.07 of the Texas Penal Code, occurs when a person, by accident or mistake:

  • while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or

  • as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.

In this section, "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.

An offense under this section is a felony of the third degree.

Severity of Crime

Third Degree Felony

  • Imprisonment in the institutional division for not more than 10 years or less than two years

  • In addition to imprisonment, may receive a fine not to exceed $10,000