San Antonio Intoxicated Manslaughter Lawyers
What is Intoxication Manslaughter?
Texas Penal Code § 49.08 defines intoxication manslaughter as an individual operating any motor vehicle while intoxicated and as a result causing the death of another person.
If you are facing the criminal justice system after being arrested for intoxication manslaughter, you are probably worried about your future and the potential consequences ahead.
Texas Intoxication Manslaughter Penalties
Intoxication manslaughter is a second-degree felony in the state of Texas. With a slight change in circumstances, what would have been a misdemeanor DWI can quickly become a very serious felony. Deferred adjudication is not an option for intoxication offenses.
DWI manslaughter can carry the following penalties:
- $10,000 in fines
- 2 – 20 years in prison
- 180 days to 2 years driver’s license suspension
What Happens If the Victim Was a Passenger in Your Own Vehicle?
In Texas, intoxication manslaughter charges apply regardless of the victim’s relationship to the driver. If the person killed was a friend, partner, or family member riding in the same vehicle, the law still treats the incident as a second-degree felony.
Unlike involuntary manslaughter or aggravated assault cases, intoxication manslaughter does not require intent. The prosecution only needs to prove that intoxication manslaughter occurred due to the defendant’s impaired mental or physical faculties and that this impairment caused the fatal accident. That’s true even when the deceased voluntarily entered the vehicle.
These manslaughter cases often rely on blood test results, field sobriety tests, and accident reconstruction to support the prosecution’s case. Because of the emotional weight these situations carry, particularly when a loved one is lost, law enforcement officials may pursue the most serious charges available, leaving the defendant criminally responsible despite any personal connection to the victim.
What Happens If There Were Multiple Deaths in the Crash?
When multiple people die in a crash involving an intoxicated driver, the legal fallout is immediate and severe. Texas does not merge these deaths into a single offense. Instead, the driver can face multiple counts of intoxication manslaughter, one for each life lost. These are treated as separate charges, each carrying a potential prison sentence of 2 to 20 years. If convicted on multiple counts, the court may order those sentences to run consecutively rather than concurrently.
This is not just a legal technicality. The moment a second victim dies, whether it’s a passenger in your car, someone in another vehicle, or even a pedestrian, the stakes multiply. The Texas Penal Code treats each fatality as its own offense, and prosecutors will often pursue the harshest outcome possible. Suppose one of the victims was a peace officer or emergency medical services personnel. In that case, the charges may be elevated to a first-degree felony, which carries a potential sentence of life in prison.
Defendants facing intoxication manslaughter charges risk being convicted and spending decades behind bars. Courts are rarely lenient in situations involving multiple deaths, especially when the incident includes allegations of reckless driving, a high alcohol concentration, or the use of a controlled substance or dangerous drug. Even a single misstep in the legal process can mean the difference between a lifetime of freedom and a lifetime behind bars.
Can You Still Be Charged If the Victim Doesn’t Die at the Scene of the Accident?
The state of Texas doesn’t care where the victim passes away. If the prosecution can establish that the defendant’s conduct directly caused the death of another, regardless of timing, intoxication manslaughter charges can still move forward. These criminal charges hinge on causation, not immediacy. An experienced criminal defense lawyer will need to challenge the medical timeline to build a strong defense. Without this, defendants risk severe penalties even when the outcome wasn’t immediately clear after the crash.
How Do Criminal Defense Lawyers Beat Intoxication Manslaughter Charges?
Even in the most serious intoxication manslaughter cases, a solid defense can make the difference between a lengthy sentence and a more favorable outcome. While every case is different, there are common legal strategies that an experienced defense lawyer may pursue depending on the facts.
Potential defense strategies may include:
- Challenging intoxication evidence: Field sobriety tests and toxicology reports are not infallible. Faulty administration, delayed testing, or mishandled samples may undermine the results.
- Disputing causation: Intoxication manslaughter requires proof that the driver’s intoxication directly caused the fatal crash. A defense may focus on alternate or concurrent causes, such as another driver’s actions or poor road conditions.
- Questioning vehicle operation: Prosecutors must prove the defendant was operating the vehicle. If that’s unclear, this can cast reasonable doubt on the charges.
- Constitutional violations: If police officers violated search and seizure rules or Miranda rights, an experienced criminal defense lawyer can file to suppress key evidence.
- Medical emergencies or involuntary intoxication: Some cases involve defendants who experienced a sudden health event or unknowingly consumed a dangerous drug, which can complicate the legal analysis of a reckless act.
Supporting strategies may also include:
- Presenting expert testimony (accident reconstruction, toxicology)
- Providing medical records that show no impairment
- Gathering eyewitness accounts that conflict with police reports
Given the severe consequences of a conviction, loss of driving privileges, mandatory community service, and long-term imprisonment, every defense angle must be explored thoroughly with skilled representation.
Representation for Intoxicated Manslaughter Texas Cases
The prosecution will likely want to strongly pursue a conviction in these types of cases on behalf of the victim’s family. The state of Texas is not likely to give up easily on this charge or give you a deal that does not include time in prison. You will need an experienced San Antonio intoxication manslaughter lawyer who can aggressively represent you and ensure that you are placed in the best position possible at the resolution of your case.
In your time of need, turn to LaHood Norton Law Group, PLLC. Our team of former prosecutors and two board-certified lawyers has what it takes to vigorously protect your rights. If you are facing manslaughter charges, you don’t have time to waste. Call 210-750-4490 as soon as possible to schedule a free consultation with our criminal defense team.
