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Intoxication Assault Cases: An Overview to Help

— April 26, 2022

According to the law, “intoxicated” means that an individual does not have the normal use of their physical or mental abilities due to consuming alcohol or drugs.

Working to prove guilt or innocence in an intoxication assault cause requires the work of an accident reconstructionist and a DWI lawyer who will work to either lower the sentence for the defendant or recover a settlement for the plaintiff. 

Punishment for Intoxication Assault

If a person commits assault while intoxicated, they can be charged with a third-degree felony, resulting in 2-10 years in prison. For a person to be convicted of intoxicated assault, it must be proven that the defendant was indeed intoxicated and caused bodily harm to someone. The lawyer will also have to prove that the plaintiff’s injuries directly resulted from the defendant’s intoxication. 

Various Aspects of the Case 

The first aspect of the case is simply a DWI defense. In alcohol or drug-related accidents that result in bodily injury, the police can take a blood sample without consent from the suspect. If the courts can not prove that the defendant was intoxicated, the intoxication assault case stops here. 

The second and third phases of the case are intertwined but should be understood as two separate steps in proving the case. The cause of a car accident is something attorneys have been debating to prove since automobiles were invented. There are several issues to explore since there are often no witnesses other than the plaintiff and defendant.

Both drivers are likely blaming one another, so an accident reconstructionist can be a valuable part of the legal team to determine if the testimony is supported by actual evidence. If the courts can not be proven beyond a reasonable doubt that the defendant is liable for the accident, the case will stop here. However, the defendant may still be charged with a misdemeanor.

The third phase of the case is the defendant’s liability in the accident because of intoxication. Drivers who are not drunk or high have car accidents all the time for several reasons, such as being in a hurry, not seeing a person or object in a blind spot, being unfamiliar with the highway, or being distracted.

If an individual is intoxicated, law enforcement will likely attribute the accident to the defendant’s intoxication. This is the hardest phase of the case to defend. However, an intoxicated person can cause an accident, and the cause of the accident is not related to the defendant’s intoxication. 

“While Intoxicated” 

According to the law, “intoxicated” means that an individual does not have the normal use of their physical or mental abilities due to consuming alcohol or drugs. A person is also considered intoxicated if they have a blood alcohol concentration (BAC) of 0.08 or higher. Law enforcement officials can check a suspect’s BAC with a breathalyzer, blood sample, or urine sample. 

“By Reason of Intoxication”

Man in camo pants, dark sweatshirt, and panda costume head slumped against street sign with alcohol bottles in both hands; image by Eric Mclean, via
Image by Eric Mclean, via

An individual will be criminally liable if the result of the incident would not have happened if the individual was not intoxicated. The accident could have occurred due to the individual’s intoxication alone or an additional cause. Still, it must be proven that the defendant was not operating with all of their mental and physical faculties. 

“Serious Bodily Injury” 

In a court of law, “serious bodily injury” is classified as an injury that creates a significant risk of death or causes death, loss or impairment of an organ or its function, or serious disfigurement that the victim must contend with for the rest of their life or for years after the accident. 

Bottom Line

If you’ve been involved in an altercation that involved an intoxicated individual, it is best to hire an intoxication assault lawyer as soon as possible. An attorney will specialized training for these types of cases can review the details of the situation in question and let you know which charges you can bring to court. In addition, the sooner you have a lawyer working on your behalf, the sooner you can receive a settlement for your injuries and damages. 

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