Driving while intoxicated in Texas results in severe punishment, and that’s even more the case whenever there is a car accident involving a fatality. In this instance, the crime is considered intoxication manslaughter, which is defined in Section 49.08 of the Texas Penal Code as occurring whenever a person “operates a motor vehicle in a public place, operates an aircraft, a watercraft or an amusement ride, or assembles a mobile amusement ride; and is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.”
This means that the accident does not have to take place on public roadways, but can occur nearly anywhere within the boundaries of Texas.
Intoxicated vehicular manslaughter is a second-degree felony, which means it is punishable by:
In addition, individuals could face other consequences, which could include:
Prior felons could also be precluded from carrying firearms, and they may be refused federal financial aid and be ineligible for student loans. Here in Texas, a felony offender may not vote until their sentence has been fully carried out, to include completing the requirements of probation or parole if applicable.
There are several ways to defend intoxication manslaughter charges. A defense attorney may try to raise reasonable doubt as to the validity of blood alcohol tests by showing that equipment was not functioning properly or that officers did not have sufficient training on how to use certain devices. It might also be possible to show that the accused was not negligent in his or her behavior and was therefore not the cause of the accident. If the victim’s death occurred some time later, the prosecutor will need to show that he or she passed away due to complications from the accident in question. Otherwise, the burden of proof the state is required to show will not be met. Prosecutors do not have to prove intent in manslaughter cases.
Intoxicated vehicular manslaughter charges have the potential to affect you for the rest of your life. In order to obtain the best possible outcome, look for a DWI attorney who won’t waver in the face of adversity but instead will fight aggressively to help you assert your innocence. Brett A. Podolsky has spent his career representing people just like you. He is a former assistant district attorney who will put the knowledge he gained to good use, securing you the best possible outcome under the circumstances.
To set up a free legal evaluation of your intoxicated manslaughter case, call 713-227-0087 and talk to Brett A. Podolsky.
