What is Intoxication Manslaughter?

Intoxication Manslaughter is a difficult and tragic situation for everyone involved. In Texas, Intoxication Manslaughter is alleged when a person operates a motor vehicle while intoxicated and causes the death of another. The most common scenario is when a drunk driver causes an automobile accident that results in the death of another driver or passenger.

What are the possible punishments for Intoxication Manslaughter?

Intoxication Manslaughter is a serious felony criminal charge. In Texas, Intoxication Manslaughter is a second degree felony, and if convicted, you could face a minimum of 2 years and a maximum of 20 years in prison and fines up to $10,000.

Some who are convicted of Intoxication Manslaughter can still get probation, rather than prison, but even with probation, the law still requires a mandatory minimum of 120 days confinement in jail in addition to the probation term.

How to defend against Intoxication Manslaughter?

Due to the specificity of the criminal elements of felony intoxication manslaughter, an experienced criminal defense attorney will know how to properly investigate and defend against the accusation. In order for the prosecution to convict you of Intoxication Manslaughter, they will have to prove all of the following elements beyond a reasonable doubt:

1. You were operating a motor vehicle in a public place at the time of the accident.

2. You were actually intoxicated at the time of the accident.

3. The accident caused the death of another person.

4. The death happened because of your intoxication.