Serious Bodily Injury
Intoxication Assault in Texas
Section 49.07 makes it a third degree felony to cause serious bodily injury to another, by accident or mistake, by reason of intoxication.
The phrase 'by accident or mistake' does real work. The State does not have to prove you intended harm. Intoxication plus causation plus serious bodily injury is the offense.
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Ken Gibson
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What the State has to prove, and where cases turn
Three things: that you were intoxicated, that you operated a vehicle, and that by reason of that intoxication you caused serious bodily injury to another person.
Causation is where these cases are usually fought. It is not enough that someone was intoxicated and a collision occurred. The injury has to result from the intoxication. Where another driver ran a light, where road conditions or a mechanical failure contributed, or where the collision would have happened regardless, that link is contestable.
Serious bodily injury is a defined legal term rather than a description of how bad an injury looked. Whether a particular injury meets the definition is a question with a real answer, and it is not always the answer the charging decision assumed.
Causation and injury evidence
Texas Penal Code section 49.07 requires more than proof of intoxication and a serious injury in the same event. The State must prove that the serious bodily injury occurred by reason of the intoxication. Scene measurements, vehicle damage, event-data information when available, witness accounts, and dash-camera, body-camera, traffic, or nearby business video can test the claimed sequence of the collision and whether another cause must be considered when deciding whether the alleged intoxication was a cause of the injury under the statute.
Medical records, imaging, and treating-provider testimony address the nature of the injury. Toxicology records and the specimen timeline address the separate intoxication question. Preserving video, 911 audio, vehicle data, and the condition of the vehicles early allows those two questions to be evaluated together instead of assuming that the seriousness of the outcome proves causation.
Where the offense level rises
Intoxication assault enhancements under section 49.09
| Circumstance | Level |
|---|---|
| Baseline, section 49.07 | Third degree felony |
| Victim is an on duty firefighter or emergency medical services worker | Second degree felony |
| Victim is an on duty peace officer or judge | First degree felony |
| Injury is a traumatic brain injury causing a persistent vegetative state | Second degree felony |
Probation is possible but carries a mandatory minimum jail condition of 30 days under article 42A.401(a)(4). Deferred adjudication is not available.
Related pages
Intoxication assault questions
Does the State have to prove I meant to hurt anyone?
No. Section 49.07 covers injury caused by accident or mistake. There is no culpable mental state requirement for intoxication offenses under section 49.11.
What counts as serious bodily injury?
It is a defined legal term rather than a general description, and whether a particular injury meets it is genuinely contestable.
Can I get probation?
Probation is possible, but it carries a mandatory jail condition of at least 30 days under article 42A.401(a)(4). Deferred adjudication is not available.
What if the other driver was at fault?
Then causation is squarely in issue. The injury has to result from the intoxication, and where another cause explains the collision that link is where the case is fought.