Houston Intoxication Assault & Intoxication Manslaughter Defense
If you need an intoxication assault lawyer in Houston, know that an intoxication assault or intoxication manslaughter charge is among the most serious cases a person can face in Harris County. These are felonies, and they usually follow a crash where someone was badly hurt or lost their life. Leslie LeGrand has 24 years as a lawyer, is Board Certified in Criminal Law by the Texas Board of Legal Specialization, and is a former Harris County prosecutor. He understands how these cases are investigated and prosecuted, and he brings that experience to a careful, independent review of the evidence against you.
Free DWI ConsultationFormer Harris County prosecutor · 24 years in Texas criminal law
Understanding These Felony Charges
Intoxication assault (serious bodily injury)
Intoxication assault means causing serious bodily injury to another person, by accident or mistake, while operating a motor vehicle in a public place while intoxicated. It is generally a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000. The charge can be enhanced when the injured person is a peace officer, firefighter, or emergency medical services worker on duty, or when the injury is a traumatic brain injury resulting in a persistent vegetative state.
Intoxication manslaughter
Intoxication manslaughter means causing the death of another person, by accident or mistake, while operating a motor vehicle (or certain other vehicles) while intoxicated. It is generally a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. It can be a first-degree felony if the person who died was an on-duty first responder.
What the State Must Prove
The prosecution must prove each element beyond a reasonable doubt: that you were operating the vehicle, that you were intoxicated (either loss of normal use of your faculties or a 0.08 or higher alcohol concentration), and that your intoxication caused the injury or death. The State does not have to prove you meant to hurt anyone, but it does have to prove causation. That link between intoxication and the result is often where these cases are fought.
Evidence Leslie Examines
Crash reconstruction
Police reconstruction reports rely on measurements, vehicle data, photos, and assumptions. Leslie reviews them closely and, where appropriate, works with independent experts to test speed, sight lines, road conditions, and the actions of every driver involved.
Blood draws and toxicology
Most of these cases involve a blood sample, taken by warrant or under another legal basis. Leslie examines the legal basis for the draw, the chain of custody, lab procedures, and the timing between driving and testing. See our blood and breath test defense page for more on how this evidence can be challenged.
Causation and medical records
Whether an injury meets the legal definition of “serious bodily injury,” and what actually caused it, are medical questions as much as legal ones. Medical records, treatment decisions, and pre-existing conditions can all matter.
Bond, Conditions, and Early Steps
Bond amounts in these cases are often high, and courts commonly impose conditions such as an ignition interlock device, alcohol monitoring, or no driving. Early steps matter: preserving vehicle data and scene evidence, avoiding statements to police or insurance adjusters, and getting a lawyer involved before evidence disappears.
Why Experience Matters When Choosing an Intoxication Assault Lawyer in Houston
With 24 years as a lawyer, board certification in criminal law, and experience as a Harris County prosecutor, Leslie has a clear view of how the State prepares these cases. He handles your case personally, treats the people involved with respect, and makes sure the evidence is tested rather than assumed. If your case also involves prior DWI history, see our second-offense and felony DWI defense page, or our overview of Houston DWI defense and criminal defense.
What to Expect as Your Case Moves Forward
Most felony intoxication cases in Harris County follow a similar path. After arrest and bond, the case is presented to a grand jury, which decides whether to indict. After indictment, the case is assigned to a felony district court and set for regular court dates. During this time Leslie gathers the crash report, the blood evidence and lab file, body-camera and dash-camera video, 911 calls, and medical records, and he decides whether independent experts are needed.
Many of these cases take months, and sometimes more than a year, to resolve because of the volume of technical evidence. Throughout that time you will need to follow every bond condition closely, because a violation can lead to a higher bond or jail. Leslie will explain each setting before it happens, tell you whether you need to appear, and talk with you about any offer from the State before you decide anything.
Frequently Asked Questions
What is the penalty range for intoxication assault in Texas?
Generally a third-degree felony: 2 to 10 years in prison and up to a $10,000 fine, with higher ranges for certain enhancements.
Is probation possible?
Sometimes, depending on the charge and the facts. Intoxication manslaughter limits judge-ordered community supervision, and both offenses carry required jail time as a condition if probation is granted. Leslie can explain what applies to your case.
What if the other driver caused the crash?
The State must prove your intoxication caused the injury or death. If another driver’s actions, road conditions, or something else was the real cause, that can be a central defense.
Can blood results be challenged?
Yes. The legal basis for the draw, how the sample was handled, how the lab tested it, and how much time passed can all be examined.
Should I talk to insurance or police?
Not before speaking with a lawyer. Statements to police or insurance adjusters can be used in the criminal case. Politely decline and call a lawyer first.
Will my driver’s license be suspended?
A conviction for intoxication assault or intoxication manslaughter generally carries a driver’s license suspension, and a refusal or failed test can also trigger an ALR suspension. Leslie will address both.
Speak Directly With Leslie
In a case this serious, you should talk with the lawyer who will actually handle it. Call Leslie LeGrand Law, PLLC at 713-333-8997 for a free, confidential consultation, or send us a message. Our office is at 5300 Memorial Dr., Ste. 750, Houston, TX 77007. You can also read more about Leslie.
This page is general information, not legal advice. Every case is different, and past results do not guarantee a similar outcome.
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