Charged With DWI With Serious Bodily Injury?
If you or a loved one has been charged with intoxication assault in Bryan, Texas, you may be feeling overwhelmed and unsure of what to do next.
Intoxication assault, also known as DWI with serious bodily injury, is a grave offense that can lead to severe consequences, including lengthy prison sentences and substantial fines.
In this challenging time, it is critical to have a knowledgeable and experienced Bryan, TX, intoxication assault attorney by your side to protect your rights and fight for the best possible outcome in your case.
Facing intoxication assault charges can be frightening, with the possibility of jail time and the loss of your driver's license.
During this challenging time, you need an experienced Bryan intoxication assault attorney who understands what you're going through and knows how to fight for your rights.
At Shane Phelps Law, our Board-Certified Criminal Law Specialist has a proven history of successfully handling complex intoxication assault cases.
Let us help you navigate this difficult situation and work towards the best possible outcome. Call 979-773-7028 today for a free, confidential consultation.
- Charged With DWI With Serious Bodily Injury?
- Why Choose Shane Phelps Law for Your Intoxication Assault Case in Bryan, TX?
- What is Considered Intoxication Assault in Texas?
- Aggravating Factors in Intoxication Assault Cases
- What Are Some Defenses Against Intoxication Assault Charges?
- How a Bryan, TX Intoxication Assault Attorney Can Help
- Choosing the Right Intoxication Assault Attorney in Bryan, TX
- Contact a Bryan Intoxication Assault Attorney
Why Choose Shane Phelps Law for Your Intoxication Assault Case in Bryan, TX?
Selecting the right DWI attorney to represent you cannot be overstated. It is a critical decision that can significantly impact the outcome of your case.
Shane Phelps Law is uniquely qualified to handle your intoxication assault case, and here's why:
- Specialist in Criminal Law. Our firm is deeply rooted in the Bryan and College Station communities and specializes in criminal defense. Attorney Shane Phelps, the firm’s founder, is a Board-Certified Specialist in Criminal Law by the Texas Board of Legal Specialization. This prestigious certification underscores our extensive knowledge and experience in handling complex intoxication assault cases.
- Personalized Legal Strategies. At Shane Phelps Law, we understand that every intoxication assault case is unique. We take the time to listen to your side of the story and develop a personalized defense strategy tailored to your specific circumstances and goals. Our team is dedicated to providing individualized attention and crafting a compelling defense on your behalf.
- Proven Track Record. Our firm has a history of achieving favorable outcomes in intoxication assault cases. We have the skills and experience necessary to negotiate with prosecutors effectively, challenge the evidence against you, and advocate for your rights in court. Whether through charge reduction, case dismissal, or a favorable plea agreement, we are committed to securing the best possible result for your case.
- Comprehensive Support. We recognize the profound impact an intoxication assault charge can have on your life. Our team provides comprehensive support throughout the legal process, from detailed legal advice to moral support during this challenging time. We are here to guide you every step of the way, ensuring that you are well informed and prepared for what lies ahead.
- Transparent Communication. At Shane Phelps Law, we believe in maintaining open and honest communication with our clients. We will keep you fully informed about the progress of your case and your available options. Our commitment to transparency is reflected in our client testimonials, highlighting our dedication to being accessible, responsive, and supportive throughout the legal process and beyond.
By choosing Shane Phelps Law to handle your intoxication assault case, you are partnering with a genuinely invested team in your defense and future.
We invite you to contact us to learn how we can help you navigate this difficult situation and work towards a favorable resolution.
What is Considered Intoxication Assault in Texas?
Under Texas Penal Code Section 49.07, intoxication assault occurs when a person, while intoxicated, operates a motor vehicle and causes serious bodily injury to another person.
Serious bodily injury is defined as an injury that creates a substantial risk of death, causes severe permanent disfigurement, or results in the loss or impairment of any bodily member or organ function.
To convict someone of intoxication assault, the prosecution must prove the following elements:
- The defendant was intoxicated while operating a motor vehicle in a public place.
- The defendant, because of that intoxication, caused serious bodily injury to another person.
The penalties for intoxication assault depend on the circumstances of the case. Generally, intoxication assault is a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000 (Texas Penal Code Section 12.34).
However, if the victim is a peace officer, firefighter, or emergency medical services personnel, the offense is elevated to a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000 (Texas Penal Code Section 12.33).
Aggravating Factors in Intoxication Assault Cases
Certain aggravating factors can significantly impact the severity of the charges and potential penalties in an intoxication assault case. These factors include:
- Prior DWI convictions. If the defendant has one or more prior DWI convictions, the penalties for intoxication assault may be enhanced. For example, a second DWI offense is typically a Class A misdemeanor, but if it involves serious bodily injury, it can be elevated to a second-degree felony.
- Child passenger in the vehicle. If a child under the age of 15 was in the car at the time of the offense, the defendant may face additional charges of child endangerment or aggravated intoxication assault.
- High blood alcohol concentration (BAC). In Texas, a BAC of 0.08% or higher is considered legally intoxicated. However, if the defendant's BAC was significantly higher, such as 0.15% or more, it can be treated as aggravating and lead to harsher penalties.
The presence of aggravating factors underscores the importance of having a skilled Bryan, TX, intoxication assault attorney who can work to mitigate the impact of these factors on your case and advocate for a fair outcome.
What Are Some Defenses Against Intoxication Assault Charges?
A skilled Bryan, TX, intoxication assault attorney will thoroughly investigate your case to identify potential defenses and weaknesses in the prosecution's evidence. Some common defenses against intoxication assault charges include:
Challenging the traffic stop
If the police did not have probable cause or reasonable suspicion to stop your vehicle, any evidence obtained during the stop may be deemed inadmissible in court.
Questioning the accuracy of BAC tests
Breathalyzer and blood tests are not always accurate. Your attorney may challenge the validity of the test results by examining the calibration and maintenance records of the testing equipment, the qualifications of the person administering the test, and the proper handling of blood samples.
Examining probable cause for arrest
The arresting officer must have probable cause to believe that you were intoxicated while operating a vehicle. If the officer lacked sufficient evidence to support this belief, your attorney may argue that the arrest was unlawful.
Investigating the alleged serious bodily injury
To prove intoxication assault, the prosecution must demonstrate that the victim suffered serious bodily injury.
Your attorney will closely examine the medical records and evidence to determine if the injury meets the legal definition of "serious bodily injury."
By carefully analyzing the evidence and circumstances surrounding your case, a knowledgeable Bryan, TX, intoxication assault attorney can build a strong defense strategy tailored to your unique situation.
How a Bryan, TX Intoxication Assault Attorney Can Help
When facing intoxication assault charges, having an experienced Bryan, TX, DWI with serious bodily injury attorney on your side can make a significant difference in the outcome of your case. Your attorney will:
- Conduct a thorough case evaluation. Your attorney will review the evidence, police reports, and witness statements to identify strengths and weaknesses in the prosecution's case.
- Gather evidence and witness statements. Your attorney will conduct an independent investigation, gathering evidence and witness statements that may support your defense.
- Negotiate with prosecutors. In some cases, your attorney may be able to negotiate a plea bargain with the prosecutors, which could result in reduced charges or penalties.
- Represent you in court. If your case goes to trial, your attorney will present a strong defense, challenging the prosecution's evidence and arguing for your acquittal.
- Seek a reduction in charges or penalties. If a conviction is unavoidable, your attorney will work to mitigate the consequences by seeking a reduction in charges or advocating for alternative sentencing options, such as probation or rehabilitation programs.
Throughout the legal process, your Bryan intoxication assault attorney will provide guidance, support, and aggressive representation to protect your rights and interests.
Choosing the Right Intoxication Assault Attorney in Bryan, TX
When choosing an attorney, consider the following factors:
Experience handling intoxication assault cases
Look for an attorney with a track record of successfully defending clients facing intoxication assault charges. They should be well-versed in Texas DWI laws and have experience handling serious bodily injury cases.
Knowledge of local courts and prosecutors
An attorney who regularly practices in the Bryan, TX area will have valuable insight into the local court system, judges, and prosecutors. This knowledge can be advantageous when negotiating plea deals or presenting your case at trial.
Responsive communication
Your attorney should be accessible and responsive to your questions and concerns throughout the legal process. They should keep you informed about the progress of your case and promptly return your calls and emails.
Aggressive defense strategies
Choose an attorney willing to aggressively defend your rights and fight for the best possible outcome in your case. They should be prepared to challenge the prosecution's evidence and present a compelling defense on your behalf.
By selecting a Bryan, TX, intoxication assault attorney who possesses these qualities, you can be confident that you have a dedicated advocate working tirelessly to protect your freedom and future.
Contact a Bryan Intoxication Assault Attorney
If you or a loved one has been charged with intoxication assault in Bryan, TX, it is crucial to seek the guidance of a skilled and experienced DWI defense attorney.
At Shane Phelps Law, our team is led by Shane Phelps, a Board-Certified Criminal Law Specialist recognized by the Texas Board of Legal Specialization for his courtroom knowledge, experience, and ability.
Our firm has a proven track record of helping clients facing serious criminal charges achieve the favorable results they desire.
We understand that the legal system is imperfect and can fail those accused of crimes.
That's why we invest in the best research tools and devote countless hours to continuing our legal education, ensuring that we are always prepared to provide the highest quality defense for our clients.
When you choose Shane Phelps Law, you can work directly with your attorney from start to finish.
We believe in clear, open communication and will keep you informed about the progress of your case, empowering you to make informed decisions about your future.
With our firm by your side, you can have peace of mind knowing that your case is in capable, dedicated hands.
Don't let an intoxication assault charge ruin your life. Without a strong defense, you could face jail time, thousands of dollars in fines and fees, and a lengthy driver's license suspension.
Many defendants mistakenly believe they can do nothing to improve their situation, only to watch their case take a turn for the worse.
The key to a successful defense is acting quickly. In Texas, you have just 10 days after your arrest to request an Administrative License Revocation (ALR) hearing before your driver's license is automatically suspended.
As your court dates approach, a skilled attorney will use this time to construct a robust defense strategy, including subpoenaing officers, analyzing breath or blood test data, and scrutinizing the arrest report to identify weaknesses in the prosecution's case.
At Shane Phelps Law, we offer a free, no-obligation case evaluation. Take the first step towards protecting your rights and future by filling out the form below or calling us.
Don't face this challenging time alone – let our experienced Bryan intoxication assault attorneys fight for you.
