Tex. Codes » Penal Code · TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS · CHAPTER 49. INTOXICATION AND ALCOHOLIC BEVERAGE OFFENSES
Texas Codes

Tex. Penal Code § 49.07 (2026)

Intoxication Assault

✓ current as of May 2026
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Sec. 49.07. INTOXICATION ASSAULT. (a) A person commits an offense if the person, by accident or mistake:

(1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or

(2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.

(b) In this section, "serious bodily injury" means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

(c) Except as provided by Section 49.09, an offense under this section is a felony of the third degree.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1999, 76th Leg., ch. 1364, Sec. 10, eff. Jan. 1, 2000.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 662 (H.B. 1212), Sec. 2, eff. September 1, 2007.

Notes of Decisions
Cited in 173 cases (26 in the last 5 years), 1998–2026 · leading case: Ex Parte Watson, 306 S.W.3d 259 (Tex. Crim. App. 2009).
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Ex Parte Watson, 306 S.W.3d 259 (Tex. Crim. App. 2009). · cites it 10× “Texas Penal Code section 49.07, the statute on intoxication-assault under which appellant was indicted, reads in relevant part: § 49.”
United States v. Vargas-Duran, 356 F.3d 598 (5th Cir. 2003). · cites it 13× “Because the Texas offense of intoxication assault requires proof that an intoxicated offender “cause[] serious bodily injury to another,” TEX. PENAL CODE ANN. § 49.07 (Vernon 1994),3 we conclude that it has as an element the use of force against the person of another.”
Rodriguez v. State, 191 S.W.3d 428 (Tex. App. 2006). · cites it 16× “” Tex. Pen. Code Ann. § 49.07 (b) (Vernon 2003).”
United States v. Eder Mendez-Henriquez, 847 F.3d 214 (5th Cir. 2017). · cites it 4× “Tex. Penal Code Ann. § 49.07 (1994). Vargas, 356 F.”
Benson, Yusulf Shaheed, 459 S.W.3d 67 (Tex. Crim. App. 2015). · cites it 4× “”31 The offense of felony DWI, defined in Texas Penal Code §§ 49.04 and 49.09, occurs “if the person is intoxicated while operating a motor vehicle in a public place” and “has previously been convicted .”
United States v. Curtis Howell, 838 F.3d 489 (5th Cir. 2016). · cites it 2× “The commentary to this section of the Guidelines defined “crime of violence” to include “an offense under federal, state, or local law that has as an element the use, attempted use, or threatened use of physical force against the person of another.”
United States v. Efren Villegas-Hernandez, 468 F.3d 874 (5th Cir. 2006). · cites it 3× “7 The Vargas-Duran panel had concluded that Texas’s intoxication assault offense, Texas Penal Code § 49.07, 8 included use of force as an element by virtue of its requirement of causation of serious bodily injury and was hence a crime of violence under U.”
United States v. Enrique Vargas-Duran, 319 F.3d 194 (5th Cir. 2003). · cites it 4× “Clearly, the requirement that the offender “eause[ ] serious bodily injury” encompasses a requirement that the offender use force to cause that injury.”
Leocal v. Ashcroft, 543 U.S. 1 (2004). “6(a) (Lexis 2002); Tex. Penal Code Ann. § 49.07 (a)(1) (West 2003); Vt.”
United States v. Fredis Reyes-Contreras, 910 F.3d 169 (5th Cir. 2018). “We do not decide whether the conviction for intoxication assault, Tex. Pen. Code § 49.07, is categorically a COV.”
Rice v. State, 333 S.W.3d 140 (Tex. Crim. App. 2011). “152 with Tex. Penal Code § 49.07. Applying the cognate-pleadings approach, the traffic offense had distinct elements that were not expressly included in and could not be deduced from the indictment: that the other vehicle was “approaching from the opposite direction.”
Sierra, Antonio, 280 S.W.3d 250 (Tex. Crim. App. 2009). “See Texas Penal Code Section 49.07(a)(1) (stating, “A person commits an offense if the person, by accident or mistake: .”
Show all 173 citing cases →
— Tex. Penal Code § 49.07(a) — 16 cases
Rodriguez v. State, 191 S.W.3d 428 (Tex. App. 2006). “” Tex. Pen. Code Ann. § 49.07 (b) (Vernon 2003).”
Rachuig v. State, 972 S.W.2d 170 (Tex. App. 1998).
Adams v. State, 969 S.W.2d 106 (Tex. App. 1998).
Rodriguez v. State, 191 S.W.3d 428 (Tex. App. 2006).
John Richard Shelby v. State (Tex. App. 2013).
— Tex. Penal Code § 49.07(a)(1) — 23 cases
Rodriguez v. State, 191 S.W.3d 428 (Tex. App. 2006). “” Tex. Pen. Code Ann. § 49.07 (b) (Vernon 2003).”
Sierra, Antonio, 280 S.W.3d 250 (Tex. Crim. App. 2009). “See Texas Penal Code Section 49.07(a)(1) (stating, “A person commits an offense if the person, by accident or mistake: .”
Benson, Yusulf Shaheed, 459 S.W.3d 67 (Tex. Crim. App. 2015). “”31 The offense of felony DWI, defined in Texas Penal Code §§ 49.04 and 49.09, occurs “if the person is intoxicated while operating a motor vehicle in a public place” and “has previously been convicted .”
United States v. Vargas-Duran, 356 F.3d 598 (5th Cir. 2003). “Because the Texas offense of intoxication assault requires proof that an intoxicated offender “cause[] serious bodily injury to another,” TEX. PENAL CODE ANN. § 49.07 (Vernon 1994),3 we conclude that it has as an element the use of force against the person of another.”
St. Clair v. State, 26 S.W.3d 89 (Tex. App. 2000).
— Tex. Penal Code § 49.07(b) — 8 cases
Rodriguez v. State, 191 S.W.3d 428 (Tex. App. 2006). “” Tex. Pen. Code Ann. § 49.07 (b) (Vernon 2003).”
United States v. Vargas-Duran, 356 F.3d 598 (5th Cir. 2003). “Because the Texas offense of intoxication assault requires proof that an intoxicated offender “cause[] serious bodily injury to another,” TEX. PENAL CODE ANN. § 49.07 (Vernon 1994),3 we conclude that it has as an element the use of force against the person of another.”
St. Clair v. State, 26 S.W.3d 89 (Tex. App. 2000).
United States v. Vargas-Duran, 356 F.3d 598 (5th Cir. 2004).
Rodriguez v. State, 191 S.W.3d 428 (Tex. App. 2006).
— Tex. Penal Code § 49.07(c) — 6 cases
Oliva v. State, 525 S.W.3d 286 (Tex. App. 2017).
Allways Auto Grp., Ltd. D/B/A Atascosa Chrysler Dodge Jeep Ram v. Steven Walters, 530 S.W.3d 147 (Tex. 2017).
Ex Parte Dakota Douglas Dixon (Tex. App. 2022).
Juan Martinez v. the State of Texas (Tex. App. 2023).
Raymond Diego Reyes v. the State of Texas (Tex. App. 2024).
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