What is intoxication manslaughter in Texas?
Intoxication manslaughter is a second-degree felony that occurs when an intoxicated driver causes another person’s death. Under Texas Penal Code § 49.08, this charge carries 2 to 20 years in prison and up to $10,000 in fines. If you’re facing this charge in Dallas, you need a defense attorney who understands both the science of intoxication evidence and the complexities of causation law.
Intoxication manslaughter is Texas’ most serious DWI-related offense. The law states a person commits this crime if they operate a motor vehicle, aircraft, watercraft, or amusement ride in a public place while intoxicated, and that intoxication causes another person’s death by accident or mistake.
Unlike murder or other violent crimes, intoxication manslaughter does not require intent. The prosecution only needs to prove you were intoxicated and that your intoxication caused the fatal accident. This makes these cases legally complex and emotionally devastating for everyone involved.
At Varghese Summersett, our Dallas intoxication manslaughter lawyers have defended hundreds of DWI and intoxication-related cases across North Texas. We understand what’s at stake and how to build an effective defense.
Why does Dallas County have so many intoxication manslaughter cases?
Dallas County leads all large Texas counties in fatal crash rates involving intoxicated drivers, according to the Dallas Morning News. The county also has the highest per capita rate of fatalities when at least one driver was intoxicated.
This means Dallas prosecutors handle intoxication manslaughter cases frequently. They have developed aggressive strategies and dedicated resources to these prosecutions. If you’re charged, you need a defense team with equal experience and preparation.
What must the prosecution prove in an intoxication manslaughter case?
To convict you of intoxication manslaughter, prosecutors must prove three elements beyond a reasonable doubt. First, they must show you were operating a motor vehicle in a public place. Second, they must prove you were legally intoxicated at the time. Third, they must establish that your intoxication caused the victim’s death.
The third element, causation, is often where these cases become complicated. Texas Penal Code § 6.04 defines causation as conduct that produces a result that would not have occurred otherwise. But what if other factors contributed to the crash?
Our Dallas intoxication manslaughter lawyers examine every detail: Was the other driver speeding or distracted? Were road conditions dangerous? Was the victim wearing a seatbelt? Did a mechanical failure contribute to the accident? These questions can create reasonable doubt about whether intoxication actually caused the death.
What is the punishment for intoxication manslaughter in Dallas?
Intoxication manslaughter is a second-degree felony punishable by 2 to 20 years in the Texas Department of Criminal Justice and fines up to $10,000. Unlike many other felonies, deferred adjudication is not available for intoxication manslaughter.
Probation is possible only for sentences of 10 years or less. Even then, the law requires a mandatory minimum of 120 days in county jail as a condition of probation. This jail time cannot be waived or reduced.
Probation conditions for intoxication manslaughter are strict. They typically include complete alcohol abstinence for the entire probation period, driver’s license suspension, mandatory alcohol and drug treatment programs, ignition interlock device installation, community service hours, and monthly reporting to a probation officer.
Most judges impose the maximum 10-year probation term for these cases. The risk is significant: a person could complete 9 years of probation flawlessly, then violate a condition and face up to 20 years in prison.
Learn more, meet our Dallas Criminal Defense Attorney team.
What is a deadly weapon finding and how does it affect sentencing?
Many Texas counties, including Dallas, add a deadly weapon allegation to intoxication manslaughter indictments. This treats the motor vehicle as a deadly weapon used in commission of a felony.
A deadly weapon finding has serious consequences. The judge cannot offer probation. Only a jury can grant probation, and only for sentences of 10 years or less. Additionally, a deadly weapon finding doubles the time a defendant must serve before becoming eligible for parole.
When do enhanced penalties apply to intoxication manslaughter?
Several circumstances can increase the severity of an intoxication manslaughter charge. If multiple people died in the accident, prosecutors typically file separate counts for each death. A jury could impose consecutive sentences, meaning the prison terms stack. Two 20-year sentences running consecutively equals 40 years.
If the victim was a police officer, firefighter, or emergency medical services worker responding to a call, the charge elevates from a second-degree felony to a first-degree felony. First-degree felonies carry 5 to 99 years or life in prison.
Can prescription or illegal drugs lead to intoxication manslaughter charges?
Yes. Under Texas law, intoxication includes impairment from alcohol, controlled substances, drugs, or any combination. This applies to illegal drugs like cocaine or methamphetamine, prescription medications that impair driving ability, and over-the-counter drugs that cause drowsiness or slow reaction time.
Having a valid prescription is not a defense if the medication impaired your ability to drive safely. Prosecutors regularly pursue intoxication manslaughter charges involving prescription painkillers, anti-anxiety medications, and sleep aids.
What are the collateral consequences of an intoxication manslaughter conviction?
Beyond prison time and fines, a felony conviction creates lasting obstacles. Employment becomes difficult because many employers conduct background checks and refuse to hire convicted felons. Housing applications often ask about criminal history, and landlords may deny rental applications. Professional licenses for careers in healthcare, law, education, and finance can be revoked or denied.
Child custody arrangements may be affected, with courts considering felony convictions when determining parental fitness. Voting rights are suspended during incarceration and supervision in Texas. Firearm ownership is permanently prohibited under federal law for convicted felons.
Recent intoxication manslaughter cases in Dallas
Intoxication manslaughter prosecutions are common in Dallas County. Recent cases illustrate the serious nature of these charges. In October 2022, a 31-year-old Dallas woman was arrested for intoxication manslaughter after killing a Dallas police officer in a wrong-way crash. In October 2021, a 23-year-old Dallas man was charged with intoxication manslaughter when a passenger in his truck died after a collision. In July 2022, a 33-year-old Dallas man faced multiple charges including intoxication manslaughter after striking and killing a woman standing near a disabled vehicle.
How can a Dallas intoxication manslaughter lawyer help?
An experienced defense attorney examines every aspect of your case. This includes challenging the traffic stop’s legality, questioning field sobriety test administration, scrutinizing blood or breath test procedures and chain of custody, hiring accident reconstruction experts to analyze causation, and negotiating with prosecutors when appropriate.
Our team at Varghese Summersett includes former prosecutors who understand how the other side builds these cases. Our Board Certified Criminal Defense Attorneys have handled complex intoxication cases throughout North Texas for decades.
Frequently asked questions about intoxication manslaughter in Dallas
Is jail time mandatory for intoxication manslaughter in Texas?
Yes. Even if you receive probation, Texas law requires a minimum of 120 days in county jail for an intoxication manslaughter conviction. This mandatory jail time cannot be waived.
Can I get probation for intoxication manslaughter?
Probation is possible only for sentences of 10 years or less. If the indictment includes a deadly weapon finding, only a jury can grant probation. Deferred adjudication is not available for this offense.
What is the difference between intoxication manslaughter and criminally negligent homicide?
Intoxication manslaughter specifically requires that intoxication caused the death. Criminally negligent homicide is a broader charge that applies when someone causes death through criminal negligence without necessarily being intoxicated. Intoxication manslaughter is a second-degree felony while criminally negligent homicide is a state jail felony.
How long do I have to hire a lawyer after being arrested for intoxication manslaughter?
You should contact a defense attorney immediately. Early investigation is critical because physical evidence, witness memories, and surveillance footage can disappear quickly. Your attorney can also ensure your rights are protected during the investigation.
Contact a Dallas intoxication manslaughter lawyer today
If you or a family member faces intoxication manslaughter charges in Dallas, time is critical. The prosecution is already building their case. You need a defense team that can match their resources and experience.
Varghese Summersett has more than 70 team members, including former prosecutors and Board Certified Criminal Defense Attorneys. We have extensive experience fighting intoxication cases throughout North Texas. Call our Dallas office at 214-903-4000 for a free consultation.
