Elements the State Must Prove

To secure a conviction for intoxication manslaughter, the prosecution must prove several elements beyond a reasonable doubt:

1. That the defendant was intoxicated at the time of the offense.
2. That the defendant was operating a vehicle or engaging in another qualifying activity.
3. That the intoxication was the cause of an accident.
4. That the accident resulted in the death of another person.

It is important to understand that intoxication manslaughter is considered a strict liability offense. That means the prosecution does not have to prove that you intended to harm anyone or that you were driving recklessly or with malice. The simple fact that a death occurred while you were intoxicated may be enough to support a conviction.

Criminal Penalties for Intoxication Manslaughter

Intoxication manslaughter is classified as a second-degree felony in Texas. The standard penalties include:

• Two to twenty years in state prison
• A fine of up to ten thousand dollars
• A driver’s license suspension for up to two years
• Mandatory community service, typically ranging from 240 to 800 hours
• Probation, only in limited circumstances and with strict supervision

If certain aggravating factors are present, such as the death of a firefighter, police officer, or emergency medical personnel in the line of duty, the charge may be enhanced to a first-degree felony. In that case, the punishment increases to five to ninety-nine years or life in prison.

In addition to the criminal penalties, a conviction for intoxication manslaughter can have a permanent impact on your personal and professional life. A felony record can affect employment, housing, licensing, and your reputation for years to come.

Administrative License Suspension (ALR)

Separate from the criminal case, the Texas Department of Public Safety may initiate an Administrative License Revocation (ALR) process. If you refused a breath or blood test, or if you failed the test with a BAC of 0.08 percent or higher, your driver’s license could be suspended for 180 days or more.

You have only 15 days from the date of arrest to request a hearing to challenge the suspension. If you do not request a hearing within this time frame, the suspension takes effect automatically.

Our attorneys represent clients at ALR hearings as part of a comprehensive defense strategy. This is a valuable opportunity to challenge the legality of the stop, the testing process, and the officer’s conduct.

Common Defenses to Intoxication Manslaughter

Being charged with intoxication manslaughter does not mean you are guilty. There are several legal defenses that may apply to your case, depending on the facts and evidence. Our law firm carefully examines all available information to determine the best strategy.

Challenging the Cause of Death

The prosecution must prove that your intoxication caused the accident that resulted in the fatality. If the accident was primarily caused by another driver, poor road conditions, or mechanical failure, this breaks the chain of causation. We work with accident reconstruction experts and investigators to challenge the state’s version of events.

Questioning the Validity of Chemical Tests

If your blood or breath test was improperly administered, if the equipment was not calibrated correctly, or if the chain of custody was broken, we may be able to exclude the test results from evidence. In some cases, your BAC may have been rising after the accident, which can be misinterpreted as intoxication at the time of driving.

Arguing Lack of Intoxication

Sometimes the state relies on officer observations rather than test results. Red eyes, slurred speech, or poor performance on field sobriety tests can be caused by fatigue, anxiety, illness, or injury. We work to show that you were not legally intoxicated at the time of the incident.

Challenging the Traffic Stop or Arrest

If the officer did not have reasonable suspicion to stop your vehicle or probable cause to make an arrest, we may file a motion to suppress all evidence obtained as a result. This can lead to a dismissal or significant reduction of the charges.