Intoxication manslaughter under Texas Penal Code § 49.08 is a second-degree felony that occurs when someone causes the death of another person while operating a motor vehicle, boat, aircraft, or amusement ride while intoxicated. The State must prove beyond a reasonable doubt that you were intoxicated, you were operating a vehicle or vessel, and your intoxication caused someone’s death.
When you’re facing intoxication manslaughter charges in Denton County, you need attorneys who understand both the technical defenses and the human side of these cases. Varghese Summersett has secured favorable outcomes in some of Texas’s most serious intoxication cases. Our team includes Board Certified criminal law specialists and former prosecutors with decades of experience, including attorneys who spent years handling these exact charges from the other side of the courtroom.
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What You’re Probably Wondering About Intoxication Manslaughter in Denton County
People facing these charges often have similar questions. Can the prosecution prove I was the one driving? Will they be able to establish that my intoxication caused the death? What if there were other factors that contributed to the accident? Can I get the charges reduced like that recent case? What’s going to happen at my first court date? How much is this going to cost? Will I go to prison?
These are difficult questions, and the answers depend entirely on the facts of your case. What we can tell you is that intoxication manslaughter cases are defensible, and the outcome often hinges on challenging the State’s evidence at every stage.
Legal Definition: What the State Must Prove
Under Texas Penal Code § 49.08, intoxication manslaughter occurs when a person:
- Operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride
- Is intoxicated
- By reason of that intoxication causes the death of another by accident or mistake
The prosecution must prove each element beyond a reasonable doubt. This is the highest burden of proof in the American legal system. The State has the burden of proof. You do not have to prove your innocence. Every element must be established with evidence so convincing that a reasonable person would not hesitate to rely on it in making important decisions.
Intoxication is defined under Texas Penal Code § 49.01 as not having the normal use of mental or physical faculties by reason of alcohol, drugs, dangerous drugs, or a combination thereof, or having an alcohol concentration of 0.08 or more.
Penalties for Intoxication Manslaughter in Texas
Intoxication manslaughter is a second-degree felony in Texas, punishable by:
- 2 to 20 years in state prison
- A fine of up to $10,000
- Possible restitution to the victim’s family
- Driver’s license suspension for 180 days to 2 years
- Community supervision (probation) is possible but must include a minimum of 240 hours of community service
If the victim was a peace officer, firefighter, or emergency medical services personnel acting in their official capacity, the offense becomes a first-degree felony punishable by 5 to 99 years or life in prison.
A conviction also carries long-term consequences beyond the immediate sentence. You’ll have a permanent felony record that affects employment, housing, professional licensing, and voting rights. The emotional weight of these cases is substantial, and families on both sides suffer tremendously.
Bond in Denton County Intoxication Manslaughter Cases
Bond amounts in intoxication manslaughter cases vary significantly depending on the circumstances. In our analysis of over 12,937 bonds set in Denton County throughout 2025, we found that homicide-related offenses typically carry substantial bonds. Murder cases in Denton County averaged $465,500 with most bonds set at $500,000, while manslaughter cases averaged $105,000.
Factors that influence bond amounts include your criminal history, ties to the community, flight risk assessment, the specific facts of the case, and whether aggravating circumstances exist. If you’re facing these charges, your attorney can file a motion for bond reduction if the initial amount is unreasonably high.
Common Defenses to Intoxication Manslaughter Charges
Every intoxication manslaughter case presents unique defense opportunities. The prosecution must prove every element beyond a reasonable doubt, and attacking their evidence at each stage is how these cases are defended.
Challenging Intoxication
The State must prove you were intoxicated at the time of the accident. Blood alcohol tests can be challenged based on improper collection, storage, or analysis. Chain of custody issues, contamination, and fermentation can all affect blood test results. Field sobriety tests are inherently unreliable and can be affected by medical conditions, injuries from the accident, road conditions, or officer error in administration.
Challenging Causation
This is often the weakest link in the State’s case. The prosecution must prove that your intoxication caused the death. Other factors that can break the chain of causation include actions by the victim, mechanical failure, road conditions, actions by other drivers, or intervening causes. If the evidence shows the accident would have happened regardless of intoxication, the State cannot meet its burden.
Challenging Operation
The State must prove you were operating the vehicle. In some cases, this becomes a contested issue, particularly when there are multiple people in the vehicle, the defendant was found outside the vehicle, or there’s conflicting witness testimony about who was driving.
Accident Reconstruction
Hiring an independent accident reconstruction expert can reveal alternative explanations for how the accident occurred. These experts analyze physical evidence, vehicle damage, road conditions, and other factors to determine what actually happened.
Medical Evidence
Medical conditions, injuries from the accident, or medication can explain symptoms that officers interpreted as intoxication. Medical records and expert testimony can establish alternative explanations for your physical condition at the scene.
The Legal Process in Denton County Intoxication Manslaughter Cases
Immediate Steps After Arrest
You’ll be taken to the Denton County Jail for booking and processing. A magistrate will conduct an initial appearance within 48 hours to inform you of the charges and set bond. Do not make any statements to law enforcement without an attorney present. Everything you say can and will be used against you.
Grand Jury
Unlike misdemeanors, felony cases in Texas require a grand jury indictment. The Denton County District Attorney’s Office will present evidence to a grand jury, which will decide whether there’s probable cause to formally charge you.
Pre-Trial Proceedings
After indictment, the case moves through arraignment, where you’ll enter a formal plea. Discovery follows, where both sides exchange evidence. Your attorney will file pretrial motions to suppress evidence, challenge the legal sufficiency of the indictment, or address other legal issues. Many intoxication manslaughter cases are resolved during the pretrial phase through charge reductions or favorable plea agreements.
Trial
If the case goes to trial, you have the right to a jury trial. The State must prove every element beyond a reasonable doubt. Your attorney will challenge their evidence through cross-examination, present defense witnesses and experts, and argue reasonable doubt. You also have the option to have the judge decide your case in a bench trial.
Why Denton County Intoxication Manslaughter Cases Require Immediate Action
Evidence deteriorates quickly in these cases. Witnesses’ memories fade, physical evidence disappears, and video footage gets deleted or recorded over. The sooner your attorney can begin investigating, the more defense opportunities exist.
Your attorney needs to hire investigators to interview witnesses, retain accident reconstruction experts, secure video footage from nearby businesses or traffic cameras, document road and weather conditions, and obtain medical records. These steps can’t wait until weeks or months after the arrest.
Additionally, the prosecution begins building their case immediately. They’ll have investigators interviewing witnesses, accident reconstruction experts analyzing the scene, and toxicology results being prepared for trial. You need an equally skilled team working on your behalf from day one.
What to Expect From Varghese Summersett
When you hire Varghese Summersett for an intoxication manslaughter case in Denton County, you’re getting a team that treats your case with the seriousness it deserves. We don’t handle these cases on autopilot. Every intoxication manslaughter prosecution is different, and we approach each one by identifying the specific weaknesses in the State’s case.
We immediately begin investigating. Our team interviews witnesses, visits the accident scene, retains experts, and starts building your defense before the prosecution has finished building theirs. We file aggressive pretrial motions to suppress evidence when the law permits. We prepare every case for trial, even if we believe a favorable resolution might be reached through negotiation.
You’ll work directly with experienced trial attorneys, not paralegals or junior associates. We maintain open communication throughout the process, explaining what’s happening at each stage and what options you have. Our team has more than 100 years of combined experience, including former prosecutors who spent decades handling serious felony cases from the State’s perspective.
We have offices in Fort Worth, Dallas, Houston, and Southlake, with team members ready to support your defense. We’re available 24/7 because we know these arrests don’t happen on a convenient schedule.
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Watch: How Do You Defend Intoxication Manslaughter Charges in Texas?
Frequently Asked Questions
What’s the difference between intoxication manslaughter and manslaughter in Texas?
Intoxication manslaughter requires proof that you were intoxicated and that your intoxication caused someone’s death. Regular manslaughter under Texas Penal Code § 19.04 involves recklessly causing someone’s death without the intoxication element. Both are second-degree felonies, but intoxication manslaughter cases face specific challenges regarding proving the intoxication element and causation.
Can intoxication manslaughter charges be reduced to a lesser offense?
Yes. Prosecutors may agree to reduce charges when there are weaknesses in their case, particularly with the intoxication element or causation. Our firm recently secured a reduction from intoxication manslaughter to manslaughter for a client. Reductions to criminally negligent homicide or even dismissals can occur when the evidence doesn’t support the original charge. The key is having attorneys who know how to identify and exploit weaknesses in the State’s case.
What happens to my driver’s license if I’m convicted of intoxication manslaughter?
A conviction results in driver’s license suspension for 180 days to two years. You may be eligible for an occupational license that allows you to drive for work, school, or essential needs during the suspension period. Your attorney can help you apply for this license through the appropriate court.
Do I have to serve prison time if convicted of intoxication manslaughter?
Not necessarily. While intoxication manslaughter is a second-degree felony with a 2 to 20-year prison range, judges can grant community supervision (probation) in some cases. Probation for intoxication manslaughter must include at least 240 hours of community service. Whether probation is a realistic option depends on the specific facts of your case, your criminal history, and the strength of your defense.
How long does an intoxication manslaughter case take in Denton County?
These cases typically take 12 to 24 months from arrest to resolution, though some resolve faster and others take longer. The timeline depends on the complexity of the evidence, whether the case goes to trial, pretrial motion practice, expert availability, and the court’s docket. Your attorney should give you a realistic timeline based on the specific circumstances of your case.
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Contact a Denton County Intoxication Manslaughter Lawyer Today
If you’re facing intoxication manslaughter charges in Denton County, the decisions you make in the next few days will affect the rest of your life. These cases move quickly, and evidence disappears faster than you might think. Our team is available to discuss your case and begin building your defense immediately.
Call (940) 252-2220 to speak with an experienced Denton County intoxication manslaughter attorney. We offer free consultations and are ready to start protecting your rights today.
