Why You Need a Houston Intoxication Manslaughter Lawyer Immediately
Intoxication manslaughter is a second-degree felony in Texas that carries 2 to 20 years in prison and fines up to $10,000. If you’re facing this charge in Houston or Harris County, you need an experienced criminal defense attorney right now.
Harris County prosecutes more DWI-related cases than almost anywhere else in the country. Public comments from the Harris County District Attorney’s Office indicate that in 2023, thousands of DWI charges were filed county-wide, with at least 44 of those cases charged as intoxication manslaughter. Prosecutors here have deep experience building these cases, and they pursue them aggressively. You need a defense team that matches that experience.
At Varghese Summersett, our criminal defense attorneys have handled hundreds of intoxication-related cases across Texas, including intoxication manslaughter charges. We understand both the legal complexities and the human devastation these cases involve. We also know how Houston courts operate and where the prosecution’s evidence is most vulnerable.
What Is Intoxication Manslaughter Under Texas Law?
Under Texas Penal Code § 49.08, a person commits intoxication manslaughter if they operate a motor vehicle in a public place while intoxicated and, by reason of that intoxication, cause the death of another person.
The prosecution must prove three elements beyond a reasonable doubt. First, the defendant was operating a motor vehicle. Second, they were intoxicated at the time. Third, their intoxication caused another person’s death.
That third element, causation, is where many Houston intoxication manslaughter cases are won or lost. The state must prove that intoxication, not just the accident itself, caused the death. This distinction matters more than most people realize, and it’s where an experienced defense attorney can create reasonable doubt.
How Texas Defines “Intoxicated”
Texas law defines intoxication in two ways under Texas Penal Code § 49.01. You’re legally intoxicated if you have a blood alcohol concentration (BAC) of 0.08 or higher. You’re also intoxicated if you’ve lost the normal use of your mental or physical faculties due to alcohol, drugs, or a combination of both.
This means Houston prosecutors can pursue intoxication manslaughter even if your BAC was below 0.08. If they can show that any amount of alcohol or drugs impaired your ability to drive safely, and that impairment caused the crash, you can still be convicted.
Intoxication Manslaughter Penalties in Texas
Intoxication manslaughter is classified as a second-degree felony. The standard punishment range includes 2 to 20 years in the Texas Department of Criminal Justice. Fines can reach $10,000. Courts may order community supervision (probation), but this is never guaranteed in cases involving death.
Enhanced Penalties
Certain factors increase the punishment significantly. If a passenger in your vehicle was killed and that passenger was under 15 years old, the charge becomes a first-degree felony under Texas Penal Code § 49.08(b). First-degree felonies carry 5 to 99 years in prison.
Prior DWI convictions can also lead to enhanced sentencing. If you caused serious bodily injury to someone else in addition to the death, you could face additional intoxication assault charges, each carrying its own prison time.
Consequences Beyond Prison
A conviction brings lasting damage beyond incarceration. You’ll carry a felony record that affects employment, housing, and professional licenses for life. Your driver’s license will be suspended. The victim’s family will likely file civil lawsuits seeking substantial damages. If you hold a commercial driver’s license or work in healthcare, law enforcement, or education, your career is probably over.
Houston’s Aggressive Approach to Intoxication Manslaughter Prosecution
Houston and Harris County handle one of the nation’s largest impaired driving caseloads, and local prosecutors treat fatal DWI cases with particular intensity. Understanding how Harris County approaches these cases helps explain why you need specialized legal representation.
Houston police reported more than 5,100 DWI arrests in the city in 2023, with the Harris County Sheriff’s Office adding roughly 1,500 DWI arrests in the surrounding county that same year. One local analysis reported more than 40,000 DWI-related arrests in Harris County in 2024, reflecting both aggressive enforcement and the sheer scale of impaired driving in the region.
A prior report noted that in 2019, the Harris County Sheriff’s Office alone handled more than 15,800 DWI cases, including 31 intoxication manslaughter matters. These fatal cases represent a small but persistent fraction of an enormous caseload. Prosecutors who handle them have seen every defense strategy and know how to counter them.
Why Houston-Specific Experience Matters
Every jurisdiction handles intoxication cases differently. Harris County prosecutors, judges, and crime labs have their own procedures, tendencies, and vulnerabilities. An intoxication manslaughter lawyer in Houston who regularly practices in local courts knows which judges are receptive to certain arguments, how the DA’s office typically negotiates, and where weaknesses in the county’s evidence collection often appear.
The Harris County Institute of Forensic Sciences processes blood evidence for most Houston-area cases. An attorney familiar with this lab knows its protocols, its history of errors, and its analysts’ testimony patterns. That specific knowledge can reveal problems a general practitioner would miss.
How a Houston Intoxication Manslaughter Attorney Builds Your Defense
A skilled defense attorney doesn’t accept the prosecution’s narrative. In intoxication manslaughter cases, several strategies can create reasonable doubt and protect your future.
Attacking Blood and Breath Evidence
The prosecution’s case usually depends on blood alcohol or drug test results. These tests are not infallible. Attacking the reliability of blood or breath evidence, including chain-of-custody issues, retrograde extrapolation problems, and combined drug-and-alcohol impairment analysis, can undermine the state’s entire case.
Retrograde extrapolation is the process of calculating what your BAC was at the time of the crash based on a blood draw taken hours later. This calculation involves assumptions about absorption rates, metabolism, and timing that vary significantly between individuals. A qualified toxicology expert can expose the uncertainty in these estimates and show the jury that the state’s numbers are guesswork, not science.
Chain-of-custody problems occur when blood samples are improperly stored, mislabeled, transported incorrectly, or tested using contaminated equipment. If the prosecution cannot prove that the blood tested was actually your blood, handled correctly at every step, the results may be inadmissible.
Challenging Causation
The state must prove that intoxication caused the death, not merely that you were intoxicated and someone died. If the other driver ran a red light, if road conditions on a Houston freeway were hazardous, if a tire blowout or mechanical failure occurred, your attorney can argue that the death would have happened regardless of any impairment.
Accident reconstruction experts analyze the crash scene, vehicle damage, speed calculations, and physics of the collision to determine what actually caused the fatal injuries. In some cases, the evidence shows that even a completely sober driver could not have avoided the crash given the circumstances.
Challenging the Traffic Stop
If Houston police or Harris County deputies pulled you over without reasonable suspicion or approached you at a crash scene without following proper protocols, evidence gathered afterward may be suppressed. This includes field sobriety tests, breath tests, and blood draws. Without that evidence, the prosecution’s case may fall apart entirely.
Scrutinizing Field Sobriety Tests
The standardized field sobriety tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus) are subjective and prone to error. Officers must administer them according to strict protocols established by the National Highway Traffic Safety Administration. Medical conditions, uneven Houston pavement, poor lighting on a roadside at night, stress from the crash, and simple nervousness can all affect performance. An experienced attorney will examine the officer’s training records, the test conditions, and the accuracy of documented observations.
The Houston Intoxication Manslaughter Court Process
Understanding what happens after an arrest helps reduce fear and allows you to prepare. Here’s how intoxication manslaughter cases typically proceed in Harris County.
Arrest and Bond
After arrest, you’ll be taken to the Harris County Jail for booking. Because intoxication manslaughter is a second-degree felony, bond amounts in Houston typically start at $50,000 and can go much higher depending on the circumstances. A defense attorney can argue for a reasonable bond at a hearing, presenting evidence of your community ties, employment stability, family responsibilities, and lack of flight risk.
Grand Jury Indictment
In Texas, felony charges must be presented to a grand jury before formal prosecution. The grand jury decides whether enough evidence exists to indict you. This process happens behind closed doors, and defendants typically don’t testify. However, your attorney can submit a “grand jury packet” containing evidence favorable to you. In some Houston cases, a well-prepared packet can prevent indictment or result in reduced charges before trial preparation even begins.
Pretrial Motions and Discovery
After indictment, the case moves through pretrial proceedings in one of Harris County’s felony courts. Your attorney will file motions to suppress illegally obtained evidence, challenge the qualifications of the state’s expert witnesses, and demand all evidence the prosecution has gathered. This discovery phase often reveals weaknesses in the state’s case that weren’t apparent at arrest. These proceedings can last months or even years in complex cases.
Negotiation, Trial, or Plea
Many Houston intoxication manslaughter cases resolve through plea negotiations, but not always on acceptable terms. If the prosecution’s offer means significant prison time and your attorney has identified strong defenses, taking the case to trial may be the better choice. A jury of 12 Harris County residents will hear the evidence and decide your fate. An experienced trial attorney knows how to present your defense persuasively and challenge every element of the state’s case.
Statewide Context: Texas Intoxication Fatalities
The statistics surrounding impaired driving deaths in Texas explain why prosecutors pursue these cases so aggressively. Over a recent ten-year span, more than 14,000 Texas traffic deaths had DUI listed as a contributing factor. Roughly one-quarter to more than one-third of all fatal Texas crashes in recent years have involved alcohol.
Prosecutors and juries view intoxication manslaughter cases through the lens of these numbers. The political and emotional pressure to secure convictions is intense. You need an attorney who can humanize you to a jury while systematically dismantling the state’s evidence. Sympathy alone won’t win your case. Neither will technical arguments without a human story. You need both.
Frequently Asked Questions About Houston Intoxication Manslaughter Cases
Can I get probation for intoxication manslaughter in Houston?
Probation is legally possible but never guaranteed. Texas law allows community supervision for second-degree felonies, and Harris County judges have granted probation in intoxication manslaughter cases. Factors affecting this decision include your criminal history, the specific circumstances of the crash, victim impact statements, and the strength of mitigating evidence your attorney presents. Having an experienced Houston intoxication manslaughter lawyer significantly improves your chances of avoiding prison.
What’s the difference between intoxication manslaughter and criminally negligent homicide?
Intoxication manslaughter requires proof that you were intoxicated and that your intoxication caused someone’s death. Criminally negligent homicide is a state jail felony (180 days to 2 years) that requires only proof that you failed to perceive a substantial risk that your conduct would cause death. Because the punishment for criminally negligent homicide is significantly lighter, negotiating a reduction to this charge is sometimes possible when the intoxication evidence is weak.
How long will my Houston intoxication manslaughter case take?
Most Harris County intoxication manslaughter cases take 12 to 24 months to resolve. Complex cases involving accident reconstruction experts, toxicology disputes, or multiple defendants can extend beyond two years. Cases that go to trial generally take longer than those resolved through plea negotiations. Your attorney can provide a more specific timeline after reviewing the evidence in your case.
What if the blood test was taken hours after the crash?
Delayed blood draws are common because crash investigations take time. However, these delays create opportunities for your defense. The state must use retrograde extrapolation to estimate your BAC at the time of the crash, and this process involves significant scientific uncertainty. An experienced attorney will retain toxicology experts to challenge the state’s calculations and show the jury that the prosecution cannot prove beyond a reasonable doubt what your BAC actually was when the crash occurred.
Should I talk to police after an intoxication manslaughter arrest?
No. You have the constitutional right to remain silent and the right to an attorney. Anything you say to police, even expressions of remorse or apology, can and will be used against you. Politely decline to answer questions beyond providing basic identification and immediately request to speak with a lawyer. This is not about hiding guilt. It’s about protecting your rights in a system designed to convict you.
Contact a Houston Intoxication Manslaughter Lawyer Today
If you’re facing intoxication manslaughter charges in Houston or anywhere in Harris County, the time to act is now. Every day without experienced legal representation is a day the prosecution spends building its case against you. Evidence can be lost, witnesses’ memories fade, and strategic opportunities disappear.
At Varghese Summersett, we understand you’re facing the worst moment of your life. A tragedy has already occurred. Now your freedom, your future, and your family’s stability hang in the balance. We don’t judge you for what happened. We focus entirely on protecting your rights and fighting for the best possible outcome.
Our team includes former prosecutors, board-certified criminal defense attorneys, and lawyers recognized among the best in Texas. We’ve secured dismissals, charge reductions, and acquittals in cases that seemed hopeless at first glance. We maintain relationships with leading toxicologists and accident reconstruction experts who can independently analyze the evidence and testify on your behalf.
We can’t promise a specific result. No ethical attorney can. But we can promise aggressive, knowledgeable representation from a team that genuinely cares about your future and knows how to fight in Houston courts.
Call Varghese Summersett today at (817) 203-2220 for a free consultation. We’re available 24/7 because arrests don’t wait for business hours. Our Houston intoxication manslaughter attorneys will review your case, explain your options honestly, and start building your defense immediately. The sooner you call, the more we can do to help.
