Board Certified Representation in Williamson County...read more
Board Certified Representation in Williamson County...read more
November 17, 2023
If you find yourself asking What is Intoxication Manslaughter, the penal code in Texas defines intoxication manslaughter as a crime that results from operating a vehicle under the influence of drugs and alcohol. This behavior causes the death of another person. As a result, you can’t waste any time if charged with this crime. Schedule an appointment with an intoxication manslaughter attorney right away.
The crime, like all manslaughter charges in Texas, leads to prison time of two to 20 years and/or fines of up to $10,000.
When an emergency services responder or firefighter is killed in an intoxication manslaughter case, a first-degree felony may be imposed with five to 95 years’ prison time and a fine of up to $10,000. This is especially true if the guilty party has had prior convictions.
Otherwise, intoxication manslaughter is considered a second-degree felony.
To be charged with intoxication manslaughter in Texas, the prosecution must prove the following three elements:
The penalties for intoxication manslaughter depend on factors like your blood alcohol concentration at the time of the offense and any prior DWI convictions. Aggravating circumstances like speeding or aggressive driving may lead to harsher penalties.
If charged with intoxication manslaughter, hiring an experienced criminal defense attorney is critical. They can evaluate the details of your case, determine the strength of the prosecution’s evidence, and build a strong defense on your behalf. Options may include arguing against one of the three elements required for a conviction or negotiating a plea deal to a lesser charge.
Indeed, the consequences of intoxication manslaughter are severe. The loss of life, jail time, license suspension, fines, and a criminal record can haunt you for years to come. The only way to avoid them altogether is by never drinking and driving.
Again, if you find yourself facing the charge in Williamson County, Texas, or anywhere else in the Lonestar State, you need to speak to an attorney without delay. They will explain your rights and navigate you through the court process.
Once more, if you’re convicted of intoxication manslaughter in Texas, you face severe legal penalties. As defined in the Texas Penal Code, intoxication manslaughter is when you unintentionally cause the death of another person by operating a motor vehicle in a public place while intoxicated.
Sentencing factors are based on several criteria.
Penalties for intoxication manslaughter include both fines and incarceration:
Several factors determine your sentence:
With so much at stake, you need the strongest legal counsel you can get.
If you’ve been arrested for intoxication manslaughter, immediately retain an experienced criminal defense attorney who specializes in DWI and intoxication manslaughter cases.
Do not speak to the police or provide a statement before consulting legal counsel. Invoke your rights to remain silent and have an attorney present. Your attorney can review the details of your case, advise you of your rights, and build the strongest possible defense on your behalf.
Unless denied bail, you will have an opportunity to pay a bail bond to gain release from jail while you await trial. Your attorney can argue for pretrial release at your bail hearing. This will allow you to be released on your recognizance or subject to certain conditions – like electronic monitoring. Bail-in intoxication manslaughter cases typically start at $50,000.
Court orders of $50,000 bail require that you pay a $5,000 fee with cash, cashier’s check, or credit card. You also need to deposit collateral with a bail bondsman that will cover the total bail amount.
If you plead not guilty, you’re entitled to a trial. The prosecution, in turn, must prove the charges against you.
In some cases, a plea bargain may be offered by the prosecution, allowing you to plead guilty to a lesser charge in exchange for a lighter sentence. You are under no obligation to accept a plea deal.
In Texas, there are several defenses your attorney may use to challenge the charges.
One potential defense is that the intoxication was involuntary. This means you consumed an intoxicating substance without knowing it contained alcohol or drugs, or the intoxication was caused by the wrongful act of another person.
Another defense notes that the intoxication did not cause the accident, resulting in death. Your attorney can argue that there were other intervening factors, such as dangerous road conditions, mechanical failures, or actions of the victim or a third party. They will try to prove that even if you were intoxicated, the accident would have occurred regardless – due to these other issues.
Your attorney may also challenge whether you were intoxicated at the time of the accident. They can contest the results of any blood alcohol concentration (BAC) tests by questioning the procedures used or arguing that your BAC level does not conclusively prove intoxication or impairment. They can also call into question observations of your alleged intoxication by witnesses to show their testimony is unreliable or contradictory.
Finally, your attorney can argue that the state failed to prove all elements of the intoxication manslaughter charges beyond a reasonable doubt. For example, they may claim the prosecutor did not establish a causal link between your alleged intoxication and the victim’s death. Or they can challenge whether you had a culpable mental state, knowingly putting others in danger by driving while intoxicated.
By using one or more of the above defense strategies, your attorney can work at getting the intoxication manslaughter charges against you reduced or dropped.
Have you been charged with intoxication manslaughter? To ensure you receive an equitable outcome, you need legal support and assistance. In Williamson County, Texas, contact R. Scott Magee, PLLC. Schedule an appointment now.
Contact R. Scott Magee, Attorney at Law, to receive expert guidance and dedicated representation for your criminal defense case.
Categories: Criminal Defense
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney R. Scott Magee who has more than 15 years of legal experience as a practicing criminal defense attorney.