Penal Code · §49.07
Intoxication Assault
By accident or mistake, while operating a motor vehicle/aircraft/watercraft/amusement ride in a public place by reason of intoxication, causes serious bodily injury to another.
The base classification is 3rd degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Key points
- Operating motor vehicle in public place
- By reason of intoxication, by accident or mistake
- Causes serious bodily injury to another
Texas Law — Charge Details
3rd Degree → 2nd Degree Felony
Offense
Intoxication Assault
Statute
Tex. Penal Code §49.07
Classification
3rd degree felony
By accident or mistake, while operating a motor vehicle/aircraft/watercraft/amusement ride in a public place by reason of intoxication, causes serious bodily injury to another.
Potential Penalty Enhancements
| If this condition applies… | Charge escalates to |
|---|---|
| Causes SBI to peace officer/firefighter/EMS in lawful discharge of duties | 2nd degree felony |
| Causes traumatic brain injury resulting in persistent vegetative state | 2nd degree felony |
Learn more about this topic
Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.
Worked examples
Worked example 1
An intoxicated driver runs a red light and strikes another vehicle. The other driver is hospitalized with a punctured lung and multiple broken ribs. Most likely felony?
- DWI w/ child passenger — state jail felony
- Intoxication Assault — 3rd degree felony Correct
- Intoxication Manslaughter — 2nd degree felony
- Aggravated Assault — 2nd degree felony
Why: Intoxication Assault: while operating a motor vehicle in a public place, by reason of intoxication, by accident or mistake, the actor causes serious bodily injury to another. A punctured lung and multiple broken ribs constitute SBI. 3rd degree felony.
Statute: Tex. Penal Code §49.07