What Happens If I'm Assaulted in Jail After My DWI Arrest?

Driving while intoxicated (DWI) arrests are scary enough on their own, but if you have to spend the night in jail, you may feel even more nervous, anxious, and agitated. In some cases, things may take a turn for the worse when offenders have to share their jail cell with abusive inmates.

Being assaulted in jail is common, making you feel you've been punished twice. The emotional and physical trauma takes a toll on offenders, especially if they've never been in jail before. In this article, we'll offer a closer look at what happens when a DWI offender is assaulted in jail following their arrest in Texas. Keep reading.

1. The Offender(s) Will Be Charged

In late 2021, a man was arrested for DWI in Harris County. While in jail awaiting release, he was attacked by eight inmates with a broom head and handle, getting struck in his head multiple times.

As he attempted to escape, the inmates poured boiling water on him. Each of the eight men was charged with aggravated assault. Jail cells are under video surveillance, so all encounters are recorded. If you experience an assault in jail, there will be evidence and the inmate(s) should be held accountable.

2. You May Not Get the Protection You Want

While this depends on the jail you're being held in, it's possible that you may not get the protection you're looking for.

In the Harris County case, the guards refused to help the DWI offender and, in fact, encouraged the other inmates to assault him. The DWI offender informed the guards that the inmates were "throwing gang signs" and he would feel safer if he was moved to a different cell. The guards ignored his plea.  

One of the inmates later asked the guard if he could "jump" the DWI offender. The guard responded with "Hurry up, I'm about to get off work."

Protection isn't always guaranteed during and after lockup.

Recommended Read: What Happens If I Get a Second DWI in Texas?

3. Hire a Lawyer

If you've been arrested for DWI, you must protect yourself and your rights. The moment you're arrested, contact a qualified lawyer who can guide you accordingly.

Make sure you hire a lawyer before you speak with police—you have the right to remain silent. Hire your attorney as soon as you are released on bail or bond. From there, your lawyer will prepare your case with the goal of getting the charges dismissed.

Are you looking for an experienced criminal defense lawyer in Texas? Attorney JL Carpenter should be your first call.

JL works on a range of complex DWI cases across the Greater Houston area, including in Clear Lake, Friendswood, and Webster. Her practice areas include DWI, boating while intoxicated, domestic violence, family violence, and drug possession, among others.

Start building your defense now.