Under the Texas Penal Code Section 49.08, an individual commits intoxication manslaughter if they operate a motor vehicle in a public place while impaired and, while doing so, accidentally cause another person’s death. These charges are not limited to motor vehicle accidents, as they can arise from boats, planes, trucks, motorcycles, and even amusement park rides.

The State has to prove that you were intoxicated at the time of the crash, which is usually done through blood or breath test results. If these test results show your blood alcohol concentration (BAC) was .08 percent or higher, it can be treated as direct evidence of impairment.

If the State does not have a chemical test to rely on, they can still prove guilt by showing that your ability to drive was impacted by drugs or alcohol in your system. This usually involves subjective evidence to prove its case, like an admission of drinking or failed field sobriety tests.

There are also questions about causation to consider. Being involved in a fatal accident—even when you are impaired—might not be enough to earn a conviction for intoxication manslaughter.

Penalties for a Conviction

Intoxication manslaughter is usually treated as a second-degree felony, which carries a prison term of between two and 20 years. There is also up to a $10,000 fine and a license suspension between 180 days and two years.

In some instances, these charges could be upgraded to a first-degree felony. This is possible if your intoxication causes the death of a firefighter, emergency medical services worker, or peace officer while they are on duty. If convicted, you can serve between five and 99 years in prison on top of a $10,000 fine.

Note: A peace officer is defined in Texas Government Code Section 411.202 and generally refers to individuals authorized to enforce laws, maintain public order, and provide security. Police officers, sheriffs, Texas rangers, constables, and state troopers are all examples of peace officers.

Intoxication Manslaughter vs. Reckless Manslaughter

Intoxication manslaughter is based on the element of intoxication, while manslaughter is based on reckless behavior without the necessity of intoxication. The Texas Penal Code Section 6.03(c) states that a person acts reckless:

“if, or is reckless, with respect to the circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care than an ordinary person would exercise under all the circumstances viewed from the actor’s standpoint.”

The evidence required to prove intoxication manslaughter, on the other hand, requires proof of the defendant’s impairment due to alcohol or drugs, while manslaughter focuses on proving the recklessness of the defendant’s actions. Unlike reckless manslaughter, intoxication manslaughter is a strict-liability offense, meaning the State is not required to prove a culpable mental state. Even if you had no idea you were intoxicated, you can still be convicted of intoxication manslaughter if your BAC comes back as .08 or higher or you lost control of your mental and physical faculties due to the introduction of alcohol or dangerous drugs.

Speak with an Attorney Right Away

These are serious charges with steep penalties, and you should not delay in speaking with a lawyer. While your situation might feel hopeless, the right attorney could take the stress of defending yourself from your shoulders and help you obtain the best possible outcome in your case.

Let the attorneys of Barton & Associates, Attorneys at Law, PLLC, aggressively pursue a verdict for the defense in your case. We will work tirelessly from start to finish, giving you the best shot at beating these charges. Contact us today to learn more.