San Antonio Intoxication Assault Lawyers

Elements of Intoxication Assault under Texas Law

The elements of intoxication assault under Section 49.07 that must be proven include:

• the defendant by accident or mistake;
• while operating a motor vehicle;
• in a public place;
• while intoxicated; 
• caused serious bodily injury to another.

The law also outlines the other forms of intoxication assault, such as operating an aircraft, watercraft, or amusement ride while intoxicated. 

Definitions in the Texas Intoxication Assault Statute

Under the Intoxication Assault statute, “bodily injury” means physical pain, illness, or any impairment of physical condition. The term “serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

The term “intoxicated” means not having the normal use of mental or physical faculties because of ingesting alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body, or having an alcohol concentration of 0.08 or more.

“Alcohol concentration” means the number of grams of alcohol per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine.

The term “motor vehicle” means a device in, on, or by which a person or property is or may be transported or drawn upon a highway, except a device used exclusively on stationary rails or tracks.

The term “public place” means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.