You would also lose various civil privilege's and rights, such as your license, the right to vote, and own a firearm. Penalties for Intoxication Assault. If the offender received a second or subsequent DWI assault within five years of the previous offense, their license could be suspended for 90 days to one year plus an additional one year. In Texas, simple assault is considered a misdemeanor offense. After another offense, the first charge is then considered a prior conviction and the later charge is considered a repeat offense. The Possible Punishments for Intoxication Assault Intoxication Assault Penalties. A conviction can result in 2 – 10 years in prison and up to a $10,000 fine. Under Texas Penal Code § 49.07, a person commits the offense of intoxication assault while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another. (a) A person commits an offense if the person, by accident or mistake: (1) 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 Intoxication Assault Law in Texas. Texas Penal Code § 49.07 defines the offense of Intoxication Assault. This is because the law specifically states that intoxication assault occurs as the result of an accident or a mistake. Intoxication assault is generally a third-degree felony. Intoxication Assault is a crime specially enacted by the Texas legislature to address incidents where a person has an accident while driving while intoxicated, and by reason of that intoxication causes serious bodily injury to another individual. Also, when a person is “finally convicted” of DWI, the new law holds that they shall pay a fine of $3,000 for a first conviction, $4,500 for a second conviction and $6,000 for all DWI convictions over a BAC of 0.15. An individual who is convicted of a first DWI assault could receive a driver’s license suspension from 90 days to one year. Additionally, a person charged with intoxication assault cannot claim as a defense that their actions were accidental. Intoxication Assault in Texas - Under Texas Penal Code Section 49.07, the offense of Intoxication Assault is defined as an individual operating a motor vehicle on a public road, and, due to his or her impairment, an accident occurs which results in injury to another person. The State must prove 1) Intoxication 2) An accident or mistake that caused the accident 3) Serious bodily injury or death. An individual operates a motor vehicle on a public road and by reason of his or her impairment, causes an accident that results in serious bodily injury to another person. If the intoxication assault offense causes serious bodily injury to a firefighter or emergency medical services personnel, a prosecutor can charge it as a second-degree felony. Serious bodily injury is an injury that creates a risk of death, permanent disfigurement, or impairment of a bodily function. Intoxication Assault: The Offense. Under this statute, a first offense of intoxication assault in Grapevine is third-degree felony, punishable by two to 10 years. § 49.07 Intoxication Assault. (a) A person commits an offense if the person, by accident or mistake: (1) 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