Transportation 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 |
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Worked examples
Worked example 1
Intoxication Assault under §49.07 is what level of felony?
- State jail felony
- 3rd degree felony Correct
- 2nd degree felony
- 1st degree felony
Why: Intoxication Assault is a 3rd degree felony. It rises to a 2nd degree felony if SBI to a peace officer, firefighter, or judge in the discharge of duties results in a permanent vegetative state, or in other listed aggravators.
Statute: Tex. Penal Code §49.07(c)