Penal Code · §49.07
Intoxication Assault
Elements
- 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
Penalty
Third-degree felony — 2 to 10 years TDCJ + up to $10,000 fine (§12.34).
Enhancements
Second-degree felony if the victim is a peace officer/firefighter/EMS personnel acting in the discharge of an official duty when injury occurs — 2 to 20 years + up to $10,000 fine (§12.33). First-degree felony if injury results in persistent vegetative state to a peace officer/firefighter/EMS — 5 to 99 years + up to $10,000 fine (§12.32). Driver's license suspension applies. Each victim supports a separate count.