Intoxication Manslaughter Defense
What is Intoxication Manslaughter?
Per Texas Code § 49.08, an individual can be charged with intoxication
manslaughter if the individual "operates a motor vehicle in a public
place, operates an aircraft, a watercraft, or an amusement ride"
under the influence of alcohol and/or a controlled substance, and subsequently
causes the unintentional death of another." To be considered legally
intoxicated, a driver must have been operating a motor vehicle with a
blood alcohol concentration of 0.08% or higher. I n Texas, this offense is a
In the instance that a fatality occurred at the scene of an auto accident,
law enforcement officers can forcefully extract a blood sample from the
driver, regardless of whether or not the driver refused to submit to a
chemical test. If the driver is then found to have a BAC that is over
the legal limit, they will likely be arrested and charged with intoxication
The Penalties of a Conviction
Since intoxication assault is considered a
felony DWI, if an individual is found guilty of this offense, they will likely face
severe consequences, including:
- 2-20 years imprisonment
- $10,000 fine
- Minimum of 200 hours of community service
- Required completion of an alcohol education course
- Installation of an ignition interlock device
How The Zendeh Del Law Firm, PLLC Can Help
A car accident in which there has been a fatality is an extremely upsetting
situation for everyone involved. Law enforcement will collect evidence
at the scene and this evidence is an important part of the documentation
of the case. The evidence in the case can be reviewed by an attorney that
can then advise you of what can be done. Do not proceed without a skilled
criminal defense attorney working with you on your case. It is vital that you get an experienced
defense lawyer in such a case.
Contact a Plano intoxication manslaughter attorney from The Zendeh Del Law Firm, PLLC.