Why Intoxication Manslaughter Is Different from Other Charges

Intoxication manslaughter charges are among the most serious in our state, with severe consequences upon conviction. Both prosecutors and organizations like Mothers Against Drunk Driving lobby for harsh penalties against offenders, and if you are facing intoxication manslaughter charges, you cannot underestimate what you are up against.

What is intoxication manslaughter?

Intoxication manslaughter falls under Chapter 49 of the Texas penal code, and differs from both manslaughter and vehicular manslaughter. This type of charge typically results when an individual drinks and drives, and causes an accident that results in someone’s death. The person killed can be a passenger in the driver’s car, an occupant of another car, or a pedestrian or bicyclist. Additionally, their death can happen immediately or later due to injuries from the accident.

The reason the courts call it manslaughter and not murder is because with manslaughter, a person kills another individual without malice, premeditation, or malicious intent. Therefore, manslaughter crimes carry less severe – but still very serious – penalties than murders, as the defendant did not act with planned forethought.

Difference between intoxication manslaughter and vehicular manslaughter

The difference between intoxication and vehicular manslaughter is the allegation that the individual was under the influence of alcohol or other substances at the time of the accident. With vehicular manslaughter, prosecution must prove reckless driving. However, under Texas law, intoxication already presumes reckless driving.

How can I defend myself against intoxication manslaughter charges in TX?

With an experienced criminal defense attorney, there are strong defenses against intoxication manslaughter. If you face these charges, the prosecution must prove that your intoxication was the cause of the victim’s death. This is the key to the state’s case – meaning that just because you were intoxicated and involved in a fatal accident, you are not automatically guilty and convicted of intoxication manslaughter. The state first must prove these charges beyond a reasonable doubt.

Common defenses against intoxication manslaughter in Texas include:

• Proving the direct cause of the victim’s death was not due to your intoxication. In this situation, you must show your intoxication was not the cause of death. For example, if the victim ran a stop sign and hit your car, resulting in their death, your being over the legal BAC limit did not contribute to their death.
• Proving you were not legally intoxicated or impaired at the time of the accident. This can entail showing that a breath machine malfunctioned, or was administered improperly. Or, the field officer was not certified to administer sobriety tests.
• Showing you were involuntary intoxicated. This means your attorney can prove you were drugged or impaired without your consent before the accident, and therefore cannot be held responsible for your actions.

Being involved in a fatal accident is a terrible and traumatic experience. When you need experienced and tough criminal defense, look to the felony DWI defense attorneys at the Mary Beth Harrell Law Firm. To set up a consultation, call us today at 254-680-4655, or visit our contact page. We are here to serve you from our offices in Killeen and Copperas Cove.