Intoxication Manslaughter | Penal Code 49.08

Intoxication manslaughter is a second-degree felony in Texas that carries 2 to 20 years in prison. Prosecutors aggressively pursue prison time for these charges, making experienced legal defense critical. At Varghese Summersett, our Fort Worth intoxication manslaughter lawyers have successfully defended clients facing these serious charges, including winning at trial and keeping clients out of prison even when the odds seemed impossible.

What is Intoxication Manslaughter Under Texas Law?

Under Texas Penal Code Section 49.08, intoxication manslaughter occurs when a person operates a motor vehicle, aircraft, watercraft, or amusement ride while intoxicated and causes another person’s death as a result of that intoxication. Unlike most criminal offenses, this charge does not require proof of intent. Prosecutors do not need to show you meant to harm anyone.

This creates a unique legal challenge. Anyone who has ever driven after drinking understands that blind luck or circumstance often determines whether a person faces this life-altering charge. Our Fort Worth DWI defense attorneys bring extensive experience to these emotionally charged cases.

How Does Texas Define Intoxication?

Texas Penal Code Section 49.01 defines intoxication in two ways. First, a person is intoxicated if they lack normal use of mental or physical faculties due to alcohol, drugs, or other substances. Second, a person is legally intoxicated if their blood alcohol concentration (BAC) is 0.08 or higher, regardless of whether they appear impaired.

This means prosecutors can pursue charges through either theory. They may argue you lost normal faculties, or they may rely on blood or breath test results showing a BAC at or above the legal limit.

What is the Punishment for Intoxication Manslaughter in Tarrant County?

Intoxication manslaughter is a second-degree felony with a punishment range of 2 to 20 years in prison. The Texas Legislature has specifically prohibited deferred adjudication for all intoxication offenses. This means you cannot receive deferred probation and have the case dismissed.

If a judge sentences you to less than 10 years, that sentence may be probated. However, probation for intoxication manslaughter comes with severe conditions. You must serve at least 120 days in custody before beginning probation. Most probation terms last 10 years. During that time, you cannot consume alcohol, must maintain interlock devices on any vehicle you drive, complete community service, attend classes, and report monthly to a probation officer.

A person on probation for intoxication manslaughter faces ongoing risk. Someone could perform perfectly for 9.5 years, violate a condition, and receive the full 20-year prison sentence. In a very real sense, accepting probation means giving up 30 years of your life to the court’s supervision.

What Are Typical Bond Amounts for Intoxication Manslaughter in Tarrant County?

Bond amounts for intoxication manslaughter in Tarrant County are substantial. According to 2025 Tarrant County bond data, the most common bond set for intoxication manslaughter cases was $75,000. The average bond was approximately $65,000. These high bond amounts reflect the seriousness with which the courts treat fatal DWI cases.

If you or a loved one has been arrested for intoxication manslaughter, our Fort Worth bail bonds lawyers can help navigate the bond process and work to secure release as quickly as possible.

How Does the Deadly Weapon Finding Affect Sentencing?

In Tarrant County and other Texas jurisdictions, prosecutors frequently add a deadly weapon allegation to intoxication manslaughter indictments. The vehicle itself becomes the deadly weapon. This enhancement has significant consequences.

When a deadly weapon finding is made, the judge loses authority to grant probation. Only a jury can grant probation in deadly weapon cases, and only for sentences of 10 years or less. Additionally, a deadly weapon finding doubles the time you must serve before becoming eligible for parole.

When Does Intoxication Manslaughter Become a First-Degree Felony?

Intoxication manslaughter elevates to a first-degree felony (5 to 99 years or life) under two circumstances. Under Texas Penal Code Section 49.09(b-2), the charge becomes a first-degree felony if the victim was a peace officer, firefighter, or emergency medical services personnel killed while performing official duties. This recently occurred in Fort Worth when a drunk driver struck and killed a police officer conducting a traffic stop.

Under Texas Penal Code Section 49.09(b-1), intoxication manslaughter also becomes a first-degree felony if the defendant has two or more prior intoxication-related convictions.

What Happens If Multiple People Died in the Accident?

When multiple fatalities occur in a drunk driving accident, defendants typically face separate charges for each death. If three people died and a jury sentenced the defendant to 20 years on each count, the exposure could reach 60 years if the judge orders consecutive (“stacked”) sentences. However, in Tarrant County, judges more commonly run sentences concurrently. Additionally, if an emergency medical services worker died, the charge elevates from a second-degree to a first-degree felony. Judges may also impose fines up to $10,000.

How Do Lawyers Defend Intoxication Manslaughter Cases?

Causation issues frequently arise in intoxication manslaughter cases and create opportunities for defense. Our attorneys investigate whether another vehicle contributed to the accident. Was the other driver also intoxicated? Was the victim wearing a seatbelt? These factors can affect whether intoxication actually caused the death.

Prosecutors must prove intoxication at the time of the crash that caused the death. They must also prove that intoxication caused the fatal accident. These requirements create multiple points where a skilled defense attorney can challenge the state’s case.

Watch: How to Defend Intoxication Manslaughter Charges in Texas

Can You Be Charged with Intoxication Manslaughter for Drugs?

Yes. Causing a fatal accident while driving under the influence of drugs can result in intoxication manslaughter charges. This includes prescription medications and illegal substances. The key question is whether the substance affected your normal mental or physical faculties.

What Are the Additional Consequences of a Felony Conviction?

The consequences of an intoxication manslaughter conviction extend far beyond prison time and fines. Convicted felons often struggle to find employment and may be rejected by landlords. Texas law bars felons from jury service unless a court lifts the restriction. A felony conviction can also affect custody and visitation rights with your children.

Our Record of Success in Intoxication Manslaughter Cases

We have gone to trial on intoxication manslaughter cases with exceptional results. We have fought for years in other cases to successfully avoid prison time. In one recent case, our client was charged with intoxication manslaughter while already on bond for DWI. Remarkably, we kept her out of prison.

In another 2025 case, our attorneys negotiated a reduction from intoxication manslaughter to manslaughter with a 10-year sentence, avoiding the enhanced penalties and parole restrictions that come with an intoxication offense conviction.

Disclaimer: Past results do not guarantee future outcomes. Each case is unique and depends on its specific facts and circumstances.

Why Choose Varghese Summersett for Your Defense?

An intoxication manslaughter charge in Tarrant County is one of the most difficult cases to face. Judges, juries, and attorneys all recognize the emotional weight of these cases. You need a Fort Worth manslaughter lawyer with extensive experience litigating intoxication cases and the complex issues that accompany them.

Our firm has secured more than 1,600 dismissals and 800 charge reductions. We have board-certified criminal law specialists and trial attorneys who understand how to fight for your future. Call (817) 203-2220 today for a free consultation.

Frequently Asked Questions About Intoxication Manslaughter in Texas

How long do you go to jail for intoxication manslaughter in Texas?

Intoxication manslaughter carries a prison sentence of 2 to 20 years as a second-degree felony. If the victim was a first responder or you have two prior intoxication convictions, the charge elevates to a first-degree felony with 5 to 99 years or life in prison.

Can you get probation for intoxication manslaughter in Texas?

Yes, but only for sentences under 10 years. Probation requires serving at least 120 days in custody first. Deferred adjudication is not available for any intoxication offense. If prosecutors add a deadly weapon finding, only a jury can grant probation.

What is the difference between intoxication manslaughter and DWI in Texas?

DWI charges involve operating a vehicle while intoxicated without causing injury or death. Intoxication assault occurs when intoxicated driving causes serious bodily injury. Intoxication manslaughter is the most serious charge, reserved for cases where someone dies as a result of intoxicated driving.

What bond amount should I expect for intoxication manslaughter in Tarrant County?

In 2025, the most common bond for intoxication manslaughter in Tarrant County was $75,000, with an average bond around $65,000. Bond amounts vary based on criminal history, flight risk, and case circumstances.

Is intoxication manslaughter the same as vehicular homicide?

Texas does not have a separate “vehicular homicide” statute. What other states call vehicular homicide is prosecuted as intoxication manslaughter, manslaughter, or criminally negligent homicide in Texas, depending on the circumstances.