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A DWI with Injury Charge

, If you have been arrested for DWI and a serious injury was involved it is a very threatening legal situation.

Under Texas law this is called an "intoxication assault" under Section 49.07 of the code which states:

"A person commits an offense if the person, by accident or mistake…or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another"

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. An offense under this section is a felony of the third degree.

Being charged and convicted of a third degree felony can have a devastating impact upon your life and your future. Substantial monetary damages, court fines, public humiliation and even jail or prison time are just some of the negative outcomes. To properly defend yourself and to ensure that your rights are fully protected you must enlist the help of an experienced attorney. There are multiple actions that need to be taken without delay to protect you and your future.

What are the penalties for a DWI sustaining injury?

The State Code, under Section 49.07, assigns specific penalties to a DWI with Injury conviction. Depending on the involvement of other factors, charges or prior convictions the court may then decide to give out further penalties, restrictions or punishments.

However the minimums given under the code are:

  • Fine - A fine not to exceed $10,000
  • Prison - Confinement in the Texas Department of Criminal Justice, Institutional Division (Penitentiary) for a term of not less than 2 year nor more than ten (10) years
  • Community Service - Texas law mandates that a judge order not less than 160 hours or more than 600 hours.

These are only the minimum penalties and don't begin to take into account the effect such a conviction will have upon your life, your family or your profession. At The Alband Law Firm, we have a strong and lengthy background in aggressively defending our clients and securing their best possible outcome in DWI defenses.

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DWI with Injury

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