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.

Punishment Range

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

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