Understanding Texas’ Intoxication Manslaughter Law

No one gets in his or her car intending to kill someone. The penalties for DWI in Texas are significant enough without a death involved. Intoxication manslaughter is charged when a driver under the influence of alcohol or drugs causes a fatal motor vehicle accident. You may be arrested and charged with this crime even if you are not technically at fault for the crash.

Understand that there is no need to prove intent with this charge. All a manslaughter charges requires is criminal negligence on the part of the accused to be the cause of the victim’s death. Criminal negligence concerns behavior that is performed without the regard for the safety of others; it is behavior that is reckless beyond reason. Driving while intoxicated in the context of an intoxication manslaughter case qualifies as criminal negligence.

What are the punishments for an intoxication manslaughter conviction?

In the state of Texas, intoxication manslaughter is a second-degree felony. Convictions on a second-degree felony in the state of Texas carry a 2 to 20 year prison sentence in addition to a fine of up to $10,000. In addition to jail time and fines, the person convicted of intoxication manslaughter will be required to serve at a minimum 240 hours of community service. The state may add 800 hours at its own discretion.

You can also face collateral consequences. If you go to prison, you can lose your job, your home, access to assistance for education or loans, and even your family. You may be denied child custody when you are finished your term. You could lose your right to carry a firearm. You could lose your right to vote.

Beating an intoxication manslaughter charge in Texas

In order to beat an intoxication manslaughter charge in Texas, you need to prove that, although you were driving while intoxicated, you are not responsible for the death of the deceased. Various types of evidence can help prove this point in the eyes of the jury, such as eyewitness testimony and video footage. Your attorney may need to establish reasonable doubt about the circumstances surrounding the accident

Your attorney may also fight against your intoxication manslaughter charges by establishing reasonable doubt about whether you were actually intoxicated at the time of the crash. In order to convict of intoxication manslaughter, the prosecution in Texas must prove you were intoxicated at the time of the accident. Many times, the science used to prove this assertion can be faulty and successfully challenged in court.

Attorney Mary Beth Harrell and her team understand the shock and devastation you may be going through if you have been charged with intoxication manslaughter. We are here to employ our experience and resources to fight on your behalf for the best possible outcome in your case. To set up a free, no-obligation about your case, call us today at 254.680.4655 or leave us a message through our contact form. We serve clients from our offices in Killeen and Copperas Cove.