Texas Health & Safety Code § 481.133 – Drug-Based Intoxication Assault
Table of Contents
Statutory Text:
(a) A person commits an offense if the person:
(1) by accident or mistake, causes serious bodily injury to another person; and
(2) at the time the offense occurred, is under the influence of a controlled substance listed in Penalty Group 1, 1-A, 2, or 2-A as a result of the injection, ingestion, inhalation, or introduction of the substance into the human body.(b) An offense under this section is a felony of the third degree.
What Is Intoxication Assault Under This Section?
This statute makes it a third-degree felony to cause serious bodily injury while under the influence of certain controlled substances, even outside of driving contexts. Unlike § 49.07 (which focuses on intoxication while operating a vehicle), § 481.133 focuses on the presence of drugs and resulting injury, regardless of whether a vehicle was involved.
When This Law Applies
This law applies in situations such as:
A person under the influence of methamphetamine gets into a fight and severely injures someone
An individual on LSD or synthetic cannabinoids causes an accident in a non-driving context
A person who overdoses, falls on, or otherwise physically harms another while high
Cases where a driver is under the influence of controlled substances not covered by alcohol-based statutes
This section is particularly useful to prosecutors when alcohol is not involved but the person was impaired by substances such as:
Cocaine
Methamphetamine
Heroin
LSD
Ecstasy
Synthetic marijuana (K2/Spice)
Example Scenario
An individual uses methamphetamine and, while high, wanders into traffic and causes a serious car crash that injures a passenger in another vehicle. Although not driving, the person’s drug-induced conduct led to serious bodily harm. Prosecutors may charge the individual under § 481.133.
Related Statutes
§ 481.115 – Possession of Controlled Substance
§ 49.07 – Intoxication Assault (Alcohol or Any Substance While Operating a Vehicle)
§ 49.08 – Intoxication Manslaughter
§ 6.03 – Definitions of Mental States (Recklessness, Criminal Negligence)
§ 22.02 – Aggravated Assault
Texas Case Law Interpreting § 481.133
Established that impairment from any substance (not just alcohol) can support intoxication-based assault when it results in injury.
Reinforced that intoxication assault statutes impose strict liability; intent is not required.
Frequently Asked Questions About § 481.133
Houston Personal Injury Lawyer - Joel A. Gordon
No. This law applies even if you are not driving, as long as you are under the influence of a listed drug and seriously injure someone.
Yes. § 481.133 applies to drug-based impairment that causes injury outside the context of driving or vehicle operation.
Controlled substances from Penalty Groups 1, 1-A, 2, or 2-A, including methamphetamine, cocaine, heroin, LSD, and synthetic marijuana.
Yes. It is a third-degree felony punishable by 2 to 10 years in prison and up to a $10,000 fine.