Intoxication Assault Defense in Plano

Direct Defense Counsel After an Injury Crash

An alcohol- or drug-related crash that causes a serious injury can lead to a felony intoxication assault charge. At Law Office of Mac Morris, we defend people accused of intoxication assault in Plano and throughout Collin County. Attorney Bryan Mac Morris personally handles every case without passing responsibility to an associate or paralegal.

Often called vehicular assault in everyday searches, this allegation requires careful review of intoxication, the collision, the claimed injury, and causation. We provide individualized legal advice so clients understand the charge, the evidence, and the decisions that may arise as the case moves forward.

Call (972) 846-8214 to discuss an intoxication assault charge directly with our attorney.

What Texas Considers Intoxication Assault

Texas Penal Code §49.07 defines intoxication assault as causing serious bodily injury to another person by accident or mistake while operating a motor vehicle in a public place while intoxicated, when that intoxication causes the injury. A standard driving while intoxicated allegation doesn’t include the additional claim that intoxication caused another person’s qualifying injury.

Serious bodily injury has a specific legal meaning. It refers to an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in the protracted loss or impairment of a bodily member or organ.

Prosecutors must establish several distinct components of the charge:

• Operation in a public place: The accused person operated a motor vehicle in a location covered by the statute.
• Intoxication: The person had an alcohol concentration of at least 0.08 or had lost the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, or a combination of substances.
• Qualifying injury: Another person sustained an injury meeting the statutory definition.
• Causation: The alleged intoxication caused that injury.

The statute doesn’t require proof that the driver intended to hurt anyone. Even without an intent requirement, the state must prove intoxication, the required level of injury, and the causal connection between them.

Felony Penalties for Intoxication Assault in Texas

Intoxication assault is generally charged as a third-degree felony. The statutory punishment range is two to 10 years in prison and a fine of up to $10,000.

Certain allegations can increase the felony level. The charge may become a second-degree felony when the injured person is a firefighter or emergency medical services worker performing an official duty. The same enhancement may apply when the person sustains a traumatic brain injury that results in a persistent vegetative state.

An allegation involving serious bodily injury to a peace officer or judge performing an official duty may be charged as a first-degree felony. That classification carries five to 99 years or life in prison and a fine of up to $10,000. If a judge grants community supervision for an intoxication assault conviction, Texas law requires at least 30 days of confinement in county jail as a condition of that supervision.

How Plano Intoxication Assault Cases Are Prosecuted

Felony intoxication assault charges arising in Plano are prosecuted through the Collin County District Attorney’s Office. Felony proceedings are heard at the Collin County Courthouse as part of the county’s criminal court system, not as municipal cases.

The schedule and release requirements depend on the court and the facts of the case. Bond conditions govern what an accused person must do while released, so it’s important to understand and follow every condition while the charge remains pending.

Evidence We Examine in an Intoxication Assault Case

A defense review must address every element individually. We evaluate available records, test results, witness information, and the circumstances surrounding the investigation to identify the factual and legal questions in the case.

That review may include:

• Blood evidence: Collection procedures, sample handling, testing methodology, and the conclusions drawn from the reported result.
• Breath evidence: Testing procedures, available records, and whether the result supports the prosecution’s allegation.
• Field sobriety tests: Officer observations and the conditions under which the tests were administered.
• Accident evidence: Vehicle damage, roadway conditions, witness accounts, and available crash reconstruction evidence.
• Medical evidence: Whether the documented injury satisfies the statutory definition.

Causation requires separate attention. Evidence that a crash occurred doesn’t by itself establish that alleged intoxication caused the injury. Accident dynamics, the conduct of the people involved, road conditions, and reconstruction findings can all bear on how and why the collision occurred.

What Happens After an Intoxication Assault Arrest

The criminal case process begins after an arrest and continues through arraignment, plea negotiations when applicable, or trial preparation. At arraignment, the charge is formally addressed and the case advances through the court system. The timing depends on the court and the circumstances.

Attorney Mac Morris personally manages each case and provides advice based on its individual facts. Plea discussions don’t resolve every charge. When trial preparation is necessary, we evaluate the evidence, applicable law, potential testimony, and contested issues.

Before practicing law, Attorney Mac Morris worked for 10 years as a teacher and coach in the Texas public school system. That background informs his direct, educational approach to representation. We explain legal terms, discuss available options, and prepare clients for each stage so they know what comes next.

Criminal Defense Experience Applied to Serious Charges

We have served criminal defense clients since 1995. Attorney Bryan Mac Morris has resolved approximately 7,500 criminal matters overall and handled more than 500 cases in court.

Our record includes more than 2,500 dismissals or reductions and more than 500 completed jury trials. Past results don’t determine what can happen in a new case, but this history reflects substantial experience evaluating criminal allegations, addressing disputed evidence, and preparing for court.

Discuss Your Intoxication Assault Charge with Our Attorney

We offer a free initial consultation with Attorney Mac Morris and provide 24/7 availability. You can discuss the charge, the information currently available, and your immediate questions directly with counsel.

Call (972) 846-8214 now to speak with us about intoxication assault defense in Plano.