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.
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