Texas Penal Code § 49.07 – Intoxication Assault in Texas
Table of Contents
Statutory Text:
(a) A person commits an offense if the person, by accident or mistake:
&(1)& 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; or
&(2)& as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.
(b) In this section, “serious bodily injury” means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
(c) Except as provided by Section 49.09, an offense under this section is a felony of the third degree.
What Is Intoxication Assault?
Unlike traditional assault, intoxication assault does not require intent. The prosecution must show that:
The defendant was legally intoxicated (as defined in § 49.01)
They were operating a vehicle, boat, plane, or ride
Their intoxicated condition directly caused serious injury to another person
It is often charged in drunk driving crashes where a passenger, pedestrian, or another driver is seriously hurt.
When This Law Applies
Common scenarios include:
Drunk driving collisions that hospitalize another person
Boating while intoxicated that results in injury
Driving while high and crashing into a pedestrian
Operating a carnival ride while impaired, causing injuries
Prosecutors do not need to prove that the intoxicated person intended to hurt anyone. The offense is strict liability as long as the injury resulted from the intoxicated operation.
Example Scenario
A driver leaves a bar and runs a red light while intoxicated. Their car strikes another vehicle, and the other driver suffers broken ribs and internal bleeding. The prosecution can charge intoxication assault because the injury was serious and resulted from the defendant’s intoxicated operation of a vehicle.
Criminal Penalties for Intoxication Assault
Third-degree felony
2 to 10 years in prison
Up to $10,000 in fines
License suspension of 180 days to 2 years
Mandatory community service
Possible ignition interlock device
Enhancements apply if:
The victim is a firefighter, police officer, emergency medical worker, or judge
The defendant has prior DWI convictions
These cases may then qualify for second-degree felony punishment.
Civil Liability for Intoxication Assault
Intoxication assault often supports civil claims for:
Medical expenses and future care
Lost income and reduced earning potential
Pain and suffering
Mental anguish and trauma
Punitive damages for gross negligence
Victims can sue the driver personally and may also pursue liability against a bar or restaurant under Texas’s dram shop laws.
Related Statutes
§ 49.01 – Definitions (intoxicated, alcohol concentration)
§ 49.08 – Intoxication Manslaughter
§ 49.04 – Driving While Intoxicated
Texas Alcoholic Beverage Code § 2.02 – Dram Shop Liability
Texas Case Law Interpreting § 49.07
The court upheld a conviction based on evidence that intoxication was the direct cause of injury.
Recklessness is not required. The law imposes strict liability for injuries caused during intoxicated operation.
Clarified that expert testimony is often used to prove causation between intoxication and injury.
Frequently Asked Questions About § 49.07
Houston Personal Injury Lawyer - Joel A. Gordon
No. Any form of intoxication, including drugs or a combination of substances can qualify.
Injuries that pose a risk of death, long-term impairment, or permanent disfigurement.
While probation may be available, prison time is common and often imposed, especially if others were severely injured.
Yes. Victims often file civil lawsuits seeking compensation for medical bills, pain, and punitive damages.
Yes. Injury to any person caused by intoxication, including passengers, supports an intoxication assault charge.