Houston Intoxicated Manslaughter Lawyer

Texas has independent offenses known as intoxication manslaughter and intoxication assault for situations in which driving while intoxicated causes the serious injury or death of others.

Though you may feel as if there is no hope if you’ve been charged with intoxication manslaughter or intoxication assault in Texas, a charge does not have to result in a conviction. Working with an experienced Houston DWI defense attorney can ensure that you obtain the best possible result in your case.

If you have been charged with intoxication manslaughter or assault, you should contact an experienced and skilled Houston DWI attorney as soon as possible following an arrest.

Call attorney Ned Barnett today at (713) 222-6767 or contact us online.

What Is Intoxication Manslaughter Under Texas Law?

Under Texas Penal Code Section 49.08 a person commits an offense of intoxication manslaughter if he or she operates a motor vehicle (or watercraft, aircraft or amusement ride) in a public place while intoxicated and, in so doing, causes the death of another by accident or mistake.

A person is considered legally intoxicated if he or she has a blood alcohol concentration (BAC) of .08 or more. An individual may also be considered intoxicated when the BAC is lower than the legal limit of .08, if the individual has alcohol, a controlled substance, or drug in his or her system that results in the loss of normal use of mental or physical faculties.

In Texas, intoxication manslaughter is an independent offense from the underlying DWI charge. A prosecutor must prove beyond a reasonable doubt that the intoxication caused the death(s) of another, and lack of intent to kill someone while driving under the influence is not a defense.

Causation Must Be Proven for Intoxication Manslaughter Charges

A particular issue that must be addressed as it relates to intoxication manslaughter cases is the issue of causation. While driving a motor vehicle that results in the death of another person, intoxication alone does not establish the necessary link between the behavior and the person’s death.

For example, although you may be found guilty of driving under the influence of alcohol, the accident which subsequently occurs and results in the death of another person may actually be the result of the recklessness or carelessness of another driver or pedestrian in the vicinity. Therefore, sufficient causation must be established along with the fact of driving while intoxicated in order to arrive at the legal justification for an intoxication manslaughter conviction.

The Texas Penal Code Section 6.04 addresses the issue of causation directly. A prosecutor must prove beyond a reasonable doubt that the intoxication caused the death(s) of another, and lack of intent to kill someone while driving under the influence is not a defense.

Penalties for Intoxication Manslaughter in Texas

Intoxication manslaughter is a second-degree felony, which carries a punishment of:

• 2 to 20 years imprisonment
• Up to a $10,000 fine
• Driver’s license suspension of 180 days to 2 years

If convicted of intoxication manslaughter, you could also be required to install an interlock device on your vehicle, perform a minimum of 240 hours of community service, but no more than 800 hours, and be required to complete an alcohol/drug abuse and/or education program.

First-Degree Felony Intoxication Manslaughter Charges

The offense can be charged as a first-degree felony if the intoxication caused the death of a firefighter, emergency medical services personnel, or police officer while on duty. A first-degree felony carries a punishment of:

• 5 to 99 years or life in a state prison
• Up to a $10,000 fine

What Is Intoxication Assault Under Texas Law?

Under Texas Penal Code Section 49.07, a person commits an offense of intoxication assault if he or she operates a motor vehicle (or watercraft, aircraft or amusement ride) in a public place while intoxicated and, in so doing, causes serious bodily injury to another.

Texas law defines serious bodily injury as an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any body part or organ. The injury can be to a passenger of the accused’s vehicle, a passenger of another vehicle, or a pedestrian.

Just like intoxication manslaughter, it is not a defense that the driver did not intend to cause serious injury to another person.

Intoxication Assault Penalties in Texas

Intoxication assault can be charged as a third-degree felony, which carries a punishment of:

• 2 to 10 years imprisonment
• Up to a $10,000 fine
• Driver’s license suspension of 180 days to 2 years

As with intoxication manslaughter, the penalties of intoxication assault can be enhanced in certain circumstances. If intoxication caused serious bodily injury to a firefighter, emergency medical services personnel, or a police officer while on duty, you can be charged with a second-degree felony. Aggravating factors such as repeat felony offenses, could also increase penalties upon conviction.

Possible Defenses to Intoxication Manslaughter Charges in Texas

Facing a charge of intoxication manslaughter is an incredibly serious and life-altering situation. However, being charged does not mean being convicted. There are several potential defenses that an experienced criminal defense attorney may explore, depending on the specific facts of the case:

1. Disputing Intoxication at the Time of the Incident

One of the key elements the prosecution must prove is that the driver was legally intoxicated at the time of the accident. This can be challenged in several ways, including questioning the accuracy or admissibility of breath, blood, or field sobriety tests. In some cases, results may have been improperly collected, stored, or tested, making them unreliable as evidence.

2. Challenging Causation

Even if intoxication can be proven, the prosecution must also show that the intoxicated state directly caused the accident that led to another person’s death. If another driver’s actions or an unforeseen circumstance (like a vehicle malfunction or poor road conditions) were the actual cause, this may be a strong defense.

3. Violation of Constitutional Rights

If law enforcement violated a defendant’s constitutional rights during the stop, arrest, or investigation—for example, by conducting an unlawful search or failing to advise of Miranda rights—evidence obtained as a result may be suppressed, weakening the state’s case significantly.

Every case is unique, and a successful defense requires a deep understanding of both the law and the facts at hand. An experienced Texas intoxication manslaughter attorney can thoroughly investigate the circumstances and develop a strategic defense tailored to the specific situation.

Contact a Skilled Houston Intoxicated Manslaughter Lawyer Today

If you have been charged and arrested with the crime of intoxication or vehicular manslaughter, it is vital to obtain experienced legal counsel to protect you against the charges you’re now facing. An intoxicated manslaughter lawyer at The Law Offices of Ned Barnett is able to build a strong legal defense on your behalf to secure the most favorable outcome possible.

If you have been arrested and charged with a Houston DWI offense, contact the Law Offices of Ned Barnett today at (713) 222-6767 to schedule an appointment to discuss your case.