Criminal Defense and family law

AuClair Law Firm

INTOXICATION ASSAULT 

Under the Texas Penal Code this offense occurs when a person by accident or mistake, while operating a motor vehicle in a public place being intoxicated causes serious bodily injury to another as a result of their intoxication. Intoxicated means having an alcohol concentration of 0.08 or more. It also means not having the use of your normal mental and physical faculties. This is a Third Degree Felony. 

However, it is a Second Degree Felony if it is proven that the serious bodily injury was to a peace officer, firefighter, or emergency personnel while in the actual discharge of an official duty. 

intoxication manslaughter 

Under the Texas Penal Code this offense is committed when a person is operating a motor vehicle, watercraft, or aircraft in a public place while intoxicated, and as a result of that intoxication causes the death of another individual by accident or mistake. Intoxicated means having an alcohol concentration of 0.08 or more. It also means not having normal use of your mental or physical faculties. This is a Second Degree Felony. However, it is a First Degree Felony if it proven that the death was of a peace officer,  firefighter, or emergency personnel while in the actual discharge of an official duty.