Houston DWI Attorney

INTOXICATED ASSAULT: THIRD DEGREE FELONY

An intoxicated assault is when a person is guilty of DWI and also CAUSES serious bodily injury to another person.
(Serious Bodily Injury: is defined as an 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.)

Up to $10,000 fine
2 to 10 years in the state penitentiary
Drivers license suspension: 180 days to one year

COMMUNITY SUPERVISION (PROBATION):

Community supervision (Probation) is legally available for some intoxicated assault cases. The severity of the injuries as well as prior record of the accused will be important factors on whether or not a person gets probation.

The following conditions will likely be required if a person is granted probation for an intoxicated assault. (In addition to those for a DWI):

You must serve jail time as a condition of probation.( A minimum of 30 days and a maximum of 180 days.)
There must be from 160 to 600 hours of community service.
There are various types of alcohol treatment programs that a judge can require. These range from inpatient treatment to outpatient treatment.

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INTOXICATED MANSLAUGHTER: THIRD DEGREE FELONY

A person is guilty of intoxicated manslaughter if the person is guilty of DWI and by reason of that intoxication causes the death of another person either by accident or by mistake.

Up to $10,000 fine
2 to 20 years in the state penitentiary
Drivers license suspension: 180 days to 2 years

COMMUNITY SUPERVISION (PROBATION):

Community supervision (Probation) is still a legal possibility in some intoxicated assault cases, but is very difficult to get. Intoxication manslaughter has become one of the most public crimes in DWI defense. Family members of the victim are usually involved in any plea negotiations and they usually want a very severe punishment. More times than not if you want community supervision you will have to try your case to the jury.

If a person receives probation the following conditions apply. (In addition to the conditions of a felony DWI.)

You must serve jail time as a condition of probation. (A minimum of 120 days and a maximum of 180 days.)
There must be 240 to 800 hours community service.

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