Intoxication Assault in Texas: Injury, Causation and Felony Evidence

What Section 49.07 requires

For a motor-vehicle case, Texas Penal Code Section 49.07 addresses operating in a public place while intoxicated and, by reason of that intoxication, causing serious bodily injury to another by accident or mistake. A crash and an allegation of alcohol use do not, by themselves, establish all of those elements.

The ordinary offense is a third-degree felony, subject to Section 49.09. The ordinary third-degree punishment range is two to ten years and a fine up to $10,000. Specific enhancement provisions and sentencing rules require individual review; those figures are not a prediction of a sentence.

Evaluate the actual injury rather than its label

Section 49.07 defines serious bodily injury by substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of a bodily member or organ. A diagnosis, a hospital visit or a later recovery does not alone decide whether that standard is met.

Review the medical evidence and the relevant time period. Avoid a chart that labels every fracture minor or every concussion serious. A supported medical explanation matters more than a categorical label.

Investigate causation without assuming another factor ends the case

The statute requires the connection expressed by the words by reason of that intoxication. Collision evidence, vehicle information, witnesses, road conditions and toxicology may address different parts of that inquiry.

The presence of another contributing factor does not automatically defeat criminal causation. A reconstruction opinion should identify its data, assumptions and limits. Not every vehicle records every measurement, and a crash report is not the complete evidentiary record.

Preserve evidence and review the actual charge

Promptly tell counsel where vehicles, available video and witness information can be found. Preserve existing records through lawful processes without altering evidence or contacting an injured person to debate the case.

Review the charging instrument and any enhancement allegation. Section 49.09 has distinct provisions for specified victims and injuries, including a different degree for certain peace-officer or judge cases than for firefighter or EMS cases. Do not group every first-responder allegation into one punishment range.

Questions and records to compare

Question	Useful record	Limit to remember
Intoxication	Testing, driving evidence and recordings	Alcohol use alone is not the entire element
Serious bodily injury	Medical records and supported interpretation	A diagnosis or recovery alone does not decide it
Causation	Scene, vehicle, witness and expert evidence	Another factor is not automatic exoneration
Charge and range	Charging instrument and enhancement allegation	The ordinary range may not be the applicable range

What to bring

• Charging, bond and setting documents

• Crash report and available video information

• Vehicle location and insurer correspondence

• Names or contact information already known for witnesses

• Medical or testing records lawfully in your possession

Bring what you already have. Ask your lawyer about obtaining missing material, and do not post private case details in public comments.

Questions about your Houston DWI case?

To discuss representation, call Ruben Restrepo at 713-714-7330 or contact the office. Learn more about our Houston DWI practice.

Sources and review

Reviewed October 20, 2026. General information; the facts, applicable law, notices and orders in an individual case matter.

• Texas Penal Code Chapter 49 — Current legislative text reviewed October 20, 2026. Sections 49.01, 49.04, 49.045, 49.07 and 49.09; apply the provisions and effective dates relevant to the alleged offense.

• Texas Penal Code Chapter 12 — Punishments — Sections 12.34 and 12.35: ordinary third-degree and state jail felony ranges; other provisions may alter punishment.