What is Intoxication Manslaughter in Texas?

July 22, 2020

According to the Texas Penal Code, if you are operating a motor vehicle while intoxicated, and your intoxication leads to another person’s death in an accident, you will be charged with intoxication manslaughter.

Although the death, in this case, may be purely accidental, you will face criminal charges. The legal consequences of this offense can be severe, so make sure you work with a top-rated Texas intoxication manslaughter attorney who can put up a vigorous defense for you.

Penalties for Intoxication Manslaughter

intoxication manslaughter

In Texas, intoxication manslaughter is treated as a second-degree felony. You may face jail time between two and 20 years as well as a fine of up to $10,000. If multiple victims are involved in the accident, the penalties may be higher. For example, if three people were killed in one crash, you could be charged with three counts of intoxication manslaughter.

Therefore, if you are sentenced to 12 years on each count, the judge in Texas is allowed to stack up or cumulate the penalties so that you may end up with 36 years of jail term (12 + 12 + 12). The prosecution in these cases will typically allege that the vehicle you were driving while intoxicated was a “deadly weapon” in order to press for more severe penalties.

Unless you have solid legal representation from an experienced Texas intoxication manslaughter attorney, you could lose your opportunity for probation or face more time in jail before you are eligible for parole.

Linking the Cause of Death with Intoxication

In cases of intoxication manslaughter, the onus is on the prosecution to prove that your intoxication caused the death of the victim. This can be hard to establish and a seasoned criminal defense lawyer in Texas will focus on this aspect for your defense.

The law says that just because you were involved in an accident while you were intoxicated does not automatically mean that you caused the victim’s death. The state must prove the charge of intoxication manslaughter beyond a reasonable doubt.

Legal Nuances in these Cases

intoxication manslaughter

Your attorney will evaluate all possible legal defenses if you have been charged with intoxication manslaughter. In Texas, this offense is considered a strict liability, which means even when the death occurs by mistake and without any intent, the guilt is attached. Men's rea or mental state defense does not apply in these cases.

Therefore, one of the most vital defenses your attorney may be able to use in court is to claim that you were not intoxicated at the time of the crash. Your lawyer will know all the legal nuances in these cases.

For example, if an unborn child dies in the pregnant mother’s womb while the woman was traveling as a passenger in the victim’s vehicle, it will be treated as a crime in Texas. However, if the pregnant mother herself causes the death of the fetus while driving intoxicated, it is not considered a crime.

Consult with a Trusted Attorney for Intoxication Manslaughter Defense

Veteran DWI defense lawyers at Flood & Associates have the knowledge and experience to fight the charges of intoxication manslaughter. Our outstanding record of success speaks for itself, and we can help you achieve the best possible outcome in your case. For a free case review, call us at 713.224.5529 or complete this online contact form.

 

TELL US ABOUT YOUR CASE

Use the form to submit your request for a free consultation.
Name(Required)
Email(Required)

*Use of this form does not constitute an attorney-client relationship.

NOT GUILTY
Driving While Intoxicated (Blood Draw .16)
Client had bond forfeited while case was pending for not being able to attend trial when Judge ordered us to be there due to his teaching job at Texas A&M University. When he finally...read more
Read More Case Results
Tyler Flood & Associates
2019 Washington Ave. #300
Houston, TX 77007
(713) 224-5529
Get Directions to Our Office

CLIENT TESTIMONIALS

CERTIFIED
Robert Henderson
Robert Henderson
December 22, 2023.
I want to give a special thanks to Tyler Flood & Associates. Getting charged with a dwi was the worst feeling and situation I've been in, but the professionalism and confidence that Tyler Fllod & Associates showed throughout my case definitely helped me get some sleep at night. Then when they called and let me know that my case was dismissed and all charges dropped was incredible. Once again, thanks to Tyler Flood & Associates.
Zeta Ze
Zeta Ze
December 15, 2023.
Houston DWI/DUI Tyler Flood is the best lawyer to represent you in a DWI/DUI case. Mr. Flood saved my license from being suspended in a non-refusal weekend. In a case, where I feel I did everything wrong and had 0 chance, in my opinion, for a dismissal, my only hope and chance was to hire Mr. Flood and his firm. Having had previous experience with Mr. Flood's firm, I felt that if I had any percentage chance of a dismissal, I had to go with Mr. Flood again. As I am writing this review, I'm still in shock and awe in how Mr. Flood was able to get a dismissal before trial completely started. Mr. Flood knew the law better than the arresting officer and Prosecutors. Even the judge was impressed and paid him a compliment after the dismissal. In my opinion, if you want a fighting chance, hire Mr. Flood and his firm. Mr. Flood genuinely cares about all his clients and does not merely see you as a customer. He and his team are always working on your case. Trust his process. They are absolutely the BEST.
briana Munoz
briana Munoz
December 5, 2023.
Thanks to Tyler Flood I am able to continue my life, him and his partners were amazing in guiding me throughout this hard process. Tyler and his team got me a CASE DISMISSED on my DWI case. His team kept in contact with me on every small detail about my case while being able to thoroughly explain every possibility for me. I also never had to step foot in a courtroom! Him and his team had my back every step of the way and never made me feel like it was not going to be okay. Tyler flood is the BEST DWI/DUI attorney no doubt, please consider letting him take your case if you are ever in need of an amazing lawyer.
A D
A D
October 19, 2023.
When I found myself in a precarious situation and didn’t know where or who to turn to I was recommended to Tyler Flood and Associates. After researching and reading many reviews I decided to hire and retain Flood and Associates services. This was one of the best decisions I made in my life, not only were they there for me in every dim moment and never too busy to answer every question I had whether it was frivolous or not, his expertise was demonstrated to me during my trial. So much so that two other defendants asked for his name and number during my trial. He fought tooth-and-nail for me and he will for you too. I’m only rating him five stars because I can’t rate him any higher. I’ll thank him for the rest of my life.
Dylan
Dylan
October 12, 2023.
Houston DWI/DUI Attorney Tyler Flood is the best in the business! Tyler and his team made the entire process stress free for what is a very stressful situation. From winning the first administrative hearing (to retain my license/avoid a breathalyzer) to getting the dismissal before trial even started. He is truly the best in the business!
Cesar Ricardez
Cesar Ricardez
October 3, 2023.
I hired Tyler Flood the day after my DUI arrest after reading glowing reviews about him and I couldn’t be happier that I did so. He took care of both my cases to keep my driving rights and the misdemeanor DUI charge in court. I never even had to appear in court or do anything, him and his team took care of anything while I carried on with my life and would just get updates whenever they appeared in court on my behalf. At the end, my driver license was never suspended and they got my case dismissed. Lesson learned, I don’t wish anyone to get in my situation but if you do, don’t hesitate to hire Tyler Flood and his team, they are extremely professional and they go for the win. No deal, no probation, got it all dismissed.
M J
M J
September 14, 2023.
Tyler Flood, Houston DWI/DUI attorney is fantastic! He is professional, smart and takes pride in getting the best possible outcome for you. This was my second DWI and I didn't want to take chances. I found him on Google and I too was in disbelief with all the 5.0 star reviews. Upon meeting him I quickly discovered it was all true. A lawyer with his own science lab WTH??????? Long story short he got my case dismissed without going to court. You can not put a price on freedom. The only downside is I only hope to need his services this one time. 😀 Thanks again Mr. Flood God bless.
John Sellers
John Sellers
August 31, 2023.
Houston DUI/DWI attorney Tyler Flood is the guy to go to!! I started my journey with these guys on August 4th of this year, my case was dismissed before the end of the month!! Well worth it!! They are organized and efficient, kept me informed of what was going on and answered all my questions. I have shared with my friends and definitely recommend to anyone.
texasdiamonds
texasdiamonds
August 29, 2023.
Houston DUI/DWI attorney Tyler Flood is an outstanding attorney and person. If you are in need of a lawyer who understands the panic and sheer fear a family feels when this happens in their lives,Tyler Flood is the attorney for you. He has an outstanding educational background, his office includes an on-site, state-of-the-arts laboratory, and he is surrounded with a legal team to provide background and research data for him to be successful in representing you. He is a One-of-Kind, highly accomplished attorney that will promptly respond to you throughout the duration of your case. Seriously, this guy NEVER sleeps! Tyler Flood understands the importance of a person’s reputation and the seriousness of a DUI/DWI charge. If you choose to work with him, he will work with you to be successful! Tyler Flood is AWESOME!
Trey Perrett
Trey Perrett
August 14, 2023.
Words cannot express what a dominating lawyer Tyler Flood and his team are. I ran into some trouble in 2021 and I was just getting my family, career ,and life together. I was completely scared of what the repercussions could be for the rest of my life. I asked civil layers who they recommend and repeatedly Tyler Flood’s name was given to me. At my first appointment, I was overcome with anxiety of what will happen next. Tyler put me at ease immediately. He believed I had a case. They were great on response time and helping me navigate the often confusing legal system. It’s a long process to have a case brought to trial but I knew I had an amazing lawyer and his team in my corner. Finally, I received the call that my case was dismissed, and I was cleared of all charges. I could not be happier with the way he and his colleagues handled my case and brought home the W. I strongly recommend having Tyler Flood in your corner because he delivers.
VIEW MORE TESTIMONIALS
Disclaimer: The information on this website does NOT constitute legal advice. If you need legal advice, then retain an attorney to discuss the facts of your case. If you would like to discuss your case with an attorney at Tyler Flood & Associates, Inc., then please contact us to schedule a consultation. Until we specifically agree to act for you on a matter, you should not provide us with any confidential information or material.
Copyright © 2024 Tyler Flood & Associates, Inc.
chevron-down
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram