If you were recently involved in an auto accident and arrested for driving while intoxicated (DWI), you should immediately contact an Austin defense attorney to begin preparing your case. Texas takes a harsh stance on drunk drivers–especially those who cause bodily injury to others because of their actions–so it is important to begin collecting evidence right now that can defend you against your DWI with Injury charge and help you avoid a life-altering conviction.
If you cause an injury with your vehicle while under the influence of alcohol and/or drugs, you may be charged with intoxication assault. As a third degree felony offense, you may be subject to two to ten years of imprisonment, up to $10,000 in fines, and up to 600 hours of community service if convicted of this crime.
In addition to court-imposed consequences, your new status as a convicted felon can cause a number of serious repercussions. For example, you may be unable to vote, own any type of firearm, or work in certain fields, such as schools or government agencies. You could also face difficulties when trying to rent an apartment or applying for a professional license.
Being charged with intoxicated assault in Austin doesn’t mean you will automatically be found guilty in court. To win their case, the prosecution must prove that (a) you were impaired and (b) you were responsible for the accident that resulted in bodily injury. A defense lawyer can look into your case to determine if there is any evidence that proves you were not DWI and did not cause the collision.
For example, the prosecution often uses the results of the breathalyzer test to establish that your blood alcohol content (BAC) was over the legal limit; however, the machine is not always reliable and the test is not always administered correctly. If your attorney can show that your reading was inaccurate, this can certainly help your defense.
An accident reconstruction specialist can also help with an intoxication assault case. This specialist uses evidence from the crime scene and interviews with eyewitnesses to recreate the events that led up to the crash. If he or she finds that a factor–other than intoxication–was responsible for the accident, there is a chance you could win your case.
As a dedicated DWI defense attorney, Ken Gibson has helped many clients who were in your shoes. To learn how he can defend your DWI with Injury charge, please make an appointment for your no-cost case evaluation today.