The law for Intoxication Manslaughter in Texas is as follows:
Section 49.08 of the Texas Penal Code, states, in relevant part, the following -
(a) A person commits an offense if the person:
1. operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
2. is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
(b) An offense under this section is a felony of the second degree.
Intoxication Manslaughter Defined
If you have been involved in a vehicular accident and charged with intoxication manslaughter in Texas, the potential penalties and repercussions can be severe. Not only can a driver convicted of driving while intoxicated (DWI) manslaughter face prison time and fines, they could also face a lengthy driver’s license suspension, a criminal record, an inability to vote or hold public office (because it is a felony offense), ineligibility to apply for certain jobs or professions and difficulty being admitted to college or graduate school. If you have been accused of intoxication manslaughter, the state of Texas must provide proof beyond a reasonable doubt every element of intoxication manslaughter. Although this burden of proof is the highest burden of proof, and often difficult to meet, the state of Texas does not have to show you "intended" to kill another person while operating your motor vehicle. Even if the death was the result of an accident or mistake, this is NOT a defense to intoxication manslaughter charges. If you have been charged with intoxication manslaughter in Texas, especially anywhere in the Dallas-Fort Worth Metroplex and/or the surrounding areas, it is essential to contact a DWI Defense Attorney who is experienced in defending criminal charges that resulted from driving under the influence (DUI) of alcohol or drugs.
Intoxication Assault Range of Punishment
Potential range of punishment: Imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, and/or a possible fine not to exceed $10,000.00.
Statute: Texas Penal Code: Section 49.08
If you are convicted of Intoxication Manslaughter in Texas, you may be granted probation ( if there is not an additional charge of Deadly Weapon). This means that your vehicle could be classified as a Deadly Weapon depending on the nature of the accident. It does not mean that you were carrying a gun, a club or a knife. It is a method of the state to increase the seriousness of your case, making it legally impossible for probation to be an option.
Serious Bodily Injury
Under Texas law, serious bodily injury is defined as injury to a person that causes impairment or loss to any body part or organ for a lengthy period of time or permanently, or any injury that will likely cause death. Although this type of injury may not immediately be apparent after an intoxication assault accident, the alleged DWI offender could still be charged with this offense if the injuries appear at a later time.
Contact Us Now
You can contact The Law Offices of Carl David Ceder at anytime for assistance at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at Carl@CederLaw.com; or to the office for general inquiries at Info@DFWDefenders.com. Phones should be answered 24 hours a day/7 days a week for immediate and prompt assistance. E-mail messages will try to be responded to with 24-48 hours, depending on whether Carl and his team is in trial and/or is busy working on a case for a contested hearing.