Texas Intoxication Manslaughter Attorney
If you have been involved in a vehicular accident and charged with intoxication manslaughter in the state of Texas, the potential penalties and repercussions as an offender can be severe. Apart from the possibility of facing prison time and fines as a DWI manslaughter offender, you could also face a lengthy driver’s license suspension.
Other punishments is that: your name will be in a criminal record database, an inability to vote or hold public office (because it is a felony offense), ineligibility to apply for specific jobs or pursue certain professions (medical and law) and difficulty of being admitted to a college or graduate school. It is pertinent that the state of Texas prove beyond a reasonable doubt every element of intoxication manslaughter if you have been accused.
INTOXICATION MANSLAUGHTER DEFENSE ATTORNEY
Although this burden of proof is the highest burden of proof and often challenging to meet, the state of Texas does not have to show you “intended” to kill another person while operating your motor vehicle. Even if the death was the result of an accident or mistake, this is NOT a defense to intoxication manslaughter charges. If you have been charged with intoxication manslaughter in Texas, especially anywhere in the Dallas-Fort Worth Metroplex and/or the surrounding areas, it is essential to contact a DWI Defense Attorney who is experienced in defending criminal charges such as this.
INTOXICATION MANSLAUGHTER IN TEXAS
The law for Intoxication Manslaughter in Texas according to Section 49.08 of the Texas Penal Code, states, in relevant part, the following:
(a) A person commits an offense if the person:
1. Operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
2. Is intoxicated and because of that intoxication causes the death of another by accident or mistake.
(b) An offense under this section is a felony of the second degree.
INTOXICATION MANSLAUGHTER RANGE OF PUNISHMENT
INTOXICATION MANSLAUGHTER: 2ND DEGREE FELONY (TEXAS PENAL CODE SECTION 12.33)
The potential range of punishment: Imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, and or a possible fine not to exceed $10,000 (Statute: Texas Penal Code: Section 49.08). If you are convicted of Intoxication Manslaughter in Texas, you may be granted probation (if there is not an additional charge of Deadly Weapon). This means that your vehicle could be classified as a Deadly Weapon depending on the nature of the accident. It does not say that you were carrying a gun, a club or a knife. It is a method of the state to increase the seriousness of your case, making it legally impossible for probation to be an option.
SERIOUS BODILY INJURY OR LATER DEATH
Texas law states that a severe bodily injury is one that causes impairment or loss to any body part or organ permanently or for an extended period. Or it is an injury that causes the death of a person. Often, this bodily injury may not be noticeable immediately after an intoxication assault and later manslaughter accident, the alleged offender during the cause of the crash can still be charged at a later date of the injury appearance or death. The defense attorney has to prove to the judge or jury beyond reasonable doubt that the injury or death is caused as result of the prior accident.
PENALTIES FOR A DWI ASSAULT IN TEXAS
- The statutory charge for an individual convicted of an intoxication manslaughter offense is a prison sentence from 2 to 20 years and or a fine not to exceed $10,000.
- In the case the victim of the accident of the DWI manslaughter is a peace officer, fire-fighter, or emergency medical personnel, termed as a third-degree felony, the alleged DWI manslaughter offender could receive a minimum prison sentence of 5 years to a maximum of 99 years or life imprisonment and or a fine up to $10,000, if convicted.
- As a first time offender of DWI manslaughter, you could receive a driver’s license suspension from 180 days to 2 years. If the offender received a second or subsequent DWI assault within 10 years of the previous offense, their license could be suspended for 1 to 2 years.
- Lastly, an intoxication manslaughter offender could receive community service up to 1,000 hours; have an interlock device installed on his or her car, required completion of an approved alcohol or drug education program and or court costs and fees.
Contact Us Now
If you have been arrested for a charge of intoxication manslaughter or any other DWI-related offense, then contact an experienced Dallas-Forth DWI Defense Attorney to discuss the particular facts and circumstances of your case. Attorney Carl David Ceder is available to talk with you about your charge of intoxication manslaughteror any other DWI-related offense for representation in Dallas County, Collin County, Denton County, Tarrant County, Rockwall County, and any other surrounding areas. You can contact The Law Offices of Carl David Ceder at or assistance at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at [email protected]; or to the office for general inquiries at [email protected]. Phones should be answered 24 hours a day/7 days a week for immediate and prompt assistance. E-mail messages will try to be responded to with 24-48 hours, depending on whether Carl and his team is in trial and/or is busy working on a case for a contested hearing.