Intoxication Assualt DWI Defense Attorney

DWI Lawyer Serving the Houston Area

An intoxication assault DWI charge occurs when drunk driving causes another person to suffer a serious bodily injury. Under Texas law, DWI assault is a third-degree felony. That state already takes driving while intoxicated (DWI) charges seriously. 

When a DWI results in a serious bodily injury, the courts punish it quite harshly. Oftentimes, the impact is severe for the victim and their family. With this in mind, the State uses its judicial resources to pursue these charges aggressively. 

That’s why you need an experienced Houston intoxication assault attorney on your side. As your advocate, Herman Martinez matches the aggression of the prosecution and fights for the best possible outcome of your case. 

When it comes to DWI charges, officers often make mistakes as they try to determine whether someone is under the influence of alcohol. This only worsens in the hectic aftermath of a motor vehicle collision.

Your Houston Intoxication Assault Attorney

At The Martinez Law Firm, our criminal defense attorney represents individuals who face severe DWI charges. With over two decades of experience and expertise in the field, Herman Martinez knows how the prosecution thinks. When you have an experienced DWI attorney on your side, you have someone to fight for your future. 

When you face a third-degree felony, you need an advocate. At The Martinez Law Firm, we help you understand the specific details of your situation. From there, we develop a legal strategy to pursue a better outcome. 

Schedule a free consultation with our legal team today. See how our firm can help you protect your rights and your future. 

Serious Bodily Injury in a DWI

Under Texas Penal Code Section 49.07, we know the following. Someone commits an offense if they operate a motor vehicle while intoxicated and cause serious bodily injury to another – by accident or mistake. 

The State defines “serious bodily injury” as a personal injury that causes the loss or impairment of function in any organ or body part. Alternatively, it fosters a substantial risk of death. In certain cases, you might face intoxication assault DWI charges even though the victim seemed to sustain mild injuries. 

Penalties of Intoxication Assault DWI in Texas

After a conviction for DWI assault in Texas, the State prescribes certain punishments and penalties that are mandatory. 


After an intoxication assault conviction, the Court must impose a prison sentence of no less than 2 years. However, the range covers anywhere from 2-10 years. 


With a conviction, the court must impose at least 30 days in county jail as a condition of provation. If the Court finds that you used a deadly weapon in the offense, you may lose eligibility for probation. 

Community Service

In Texas, DWI assault charges result in 160 hours of community service alongside any form of probation. However, the maximum option is up to 600 hours. 


Fines for these charges total up to $10,000. 

Protect Your Rights After a DWI Accident with Serious Bodily Injury

In certain cases, officers don’t make an arrest for intoxication assault DWI charges right away. Occasionally, they wait for the results of a blood test. When you suspect that you might face charges for a DWI with a serious bodily injury, you need an advocate on your side. 

In a criminal investigation, it’s important to have a criminal defense attorney with you before you speak to law enforcement. As your advocate, your attorney represents your best interests. 

Additionally, our Houston DWI assault attorney helps you understand the indirect consequences of a DWI arrest after an accident. In many of these cases, the victim partners with a personal injury attorney to file a civil suit or a claim against your insurance. 

Schedule a Consultation with a Houston DWI Defense Attorney

The prosecution has the resources of the State at their disposal. That means you need an aggressive, experienced Houston intoxication assault attorney on your side. At our firm, we fight to protect your rights. 

After an arrest, there are specific deadlines set forth by Texas law. Partner with a criminal defense attorney quickly to ensure you preserve your rights and freedom. Schedule a consultation with our firm today to learn more about your rights and legal options.