DWI Accidents in Texas: Why Injury Allegations Change Everything
DWI Accidents in Texas: Why Injury Allegations Raise the Stakes Immediately
If an accident is involved, prosecutors treat your case differently from the very beginning.
The Charge Gets More Serious Fast
Texas Penal Code §49.07 creates the offense of Intoxication Assault — a third-degree felony — when:
- A person drives while intoxicated, and
- By accident or mistake, causes serious bodily injury
Penalties include:
- 2–10 years in prison
- Up to $10,000 fine
- Mandatory ignition interlock in many cases
What Counts as “Serious Bodily Injury”?
Texas defines it as an injury that creates a substantial risk of:
- Death
- Permanent disfigurement
- Long-term impairment
Broken bones, major stitches, internal injuries — police may over-classify when uncertain.
Accidents With No Injury Still Matter
Even without serious injuries, the State may argue:
- Reckless driving = more risk
- Property damage = aggravating factor
- Blood draw urgency justified
Police and prosecutors move faster when a crash is reported.
Why These Cases Are Harder for Prosecutors Than They Look
We examine two separate questions:
- Did intoxication cause the accident?
- Were injuries truly serious under Texas law?
Weather, other drivers, road hazards, or sudden emergencies may be the true cause.
Defense Tools That Work
- Accident reconstruction experts
- Challenging medical injury assumptions
- Bodycam that contradicts impairment claims
- Scrutinizing blood testing and timing
Injury does not automatically equal guilt — the State must prove intoxication beyond a reasonable doubt.
Why Early Representation Matters
Crash scenes involve:
- Multiple witnesses
- Insurance investigators
- Hospital records
- Vehicles removed quickly
We work to secure that evidence before it disappears.
FAQ
Q: Will I go to prison if someone was hurt?
Prison is a possibility — but many cases resolve without prison through strong defense strategy.
Q: What if the other driver caused the crash?
That can be a complete defense — intoxication must be the cause of the injury.
Q: Can the case still become a misdemeanor?
Yes — if injuries don’t meet the legal threshold.
Protect Your Freedom Now
Call immediately: (936) 777-4891