The law in Kaufman, Texas has no patience for those who drink and drive. If you’re involved in an accident and someone loses their life, it will be a serious battle to defend you against a charge of intoxication manslaughter.
Our criminal defense lawyers understand the prosecution’s point of view and know the many potential areas of weakness in an intoxication manslaughter case. A Kaufman intoxication manslaughter lawyer from our team is ready to fight for you.
Texas Law and Intoxication Manslaughter
Texas Penal Code § 49.08 states that a person commits the offense of intoxication manslaughter 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 by reason of that intoxication causes the death of another by accident or mistake.”
In most cases, this offense is a second-degree felony. However, if the intoxicated person caused the death of a first responder while the first responder was performing their duty, it is an “enhanced” offense, and the charge is a first-degree felony.
Intoxication
The law considers you intoxicated if your blood alcohol concentration is 0.8% or more and/or if you have lost normal control of your mental or physical faculties due to consuming legal or illegal drugs or “any other substance into the body.”
Punishments
According to Texas Penal Code § 12.33, if you are convicted of second-degree felony intoxication manslaughter, you may face:
- A prison sentence of 2 to 20 years
- A fine of up to $10,000
- Community service
- A suspended license
- Supervised probation after serving your sentence
If convicted of a first-degree felony, you may face five to 99 years in prison, as well as the other above-listed penalties.
Probation
In Texas, a conviction of intoxication manslaughter requires a minimum jail sentence, but our Kaufman intoxication manslaughter attorneys will argue for part of your sentence to be probated whenever possible. The circumstances of your case will dictate whether you are eligible for probation.
Should a portion of your sentence be probated, the judge will set the conditions, which may include but not be limited to:
- Community service
- No drug or alcohol use
- Employment or school attendance
- Random drug tests
- Alcohol or drug abuse rehab or education
- Regular meetings with a probationary officer
- No criminal activity or arrests
Probation is rare for a DWI conviction, particularly intoxication manslaughter. However, Kaufman DWI attorney Randall B. Isenberg is skilled at getting charges reduced and placed on deferred probation and will strive to do the same for your case.
Other Repercussions of an Intoxication Manslaughter Conviction
In addition to a prison sentence and fine, you should be aware that a conviction of a second-degree felony can ruin your reputation in the community, make it difficult to retain or obtain certain jobs, negatively affect your family relationships, make getting a loan challenging, and remove your right to vote or own a gun. This is why it’s important to do everything possible to stand up for your rights and let a Kaufman intoxication manslaughter lawyer fight for you.
Fighting an Intoxication Manslaughter Charge
The prosecutor must prove beyond a reasonable doubt that you were driving while intoxicated and caused a fatal accident.
We understand this is a devastating time for you and the families of all those involved. However, there is a reason for you to feel hopeful. Remember that as awful as it feels to face a charge of intoxication manslaughter, a conviction is not inevitable.
Our Kaufman intoxication manslaughter attorneys will draw on years of representation in DWI cases when forming your defense, such as:
- You may have been unaware that you consumed a substance that affected your ability to function normally, making your decision to drive not reckless.
- Something other than your BAC may have caused the accident, such as poorly functioning traffic or street lights, the actions of another driver, or the lack of reflective signs on a curvy road.
- The tests measuring your blood alcohol concentration may have been administered or interpreted incorrectly, or they may not reflect your BAC at the time of the accident, as BAC levels may continue to rise after you stop drinking and may be higher 2 hours after the accident than they were at the time of the accident.
- Officers may not have collected or processed evidence properly.
- Eyewitness testimony or video evidence may contradict the prosecutor’s version of events.
The Law Offices of Randall B. Isenberg Fights for the Rights of Kaufman, Texas Citizens
Attorney Randall B. Isenberg is a former Senior Chief Felony Prosecutor and State District Trial Judge with decades of experience as a criminal defense attorney. He is board certified in criminal defense by the Texas Board of Legal Specialization and certified as a criminal defense advocate by the National Board of Trial Advocacy.
He has represented thousands of cases and instructs other DWI lawyers on how to defend a DWI case with the highest chances of success, such as challenging the stop, the blood draw, the warrantless arrest, or even whether the defendant was operating the vehicle at the time of the accident.
One of our former clients shares his experience with the Law Offices of Randall B. Isenberg:
“OUTSTANDING AND THE BEST REPRESENTATION. The Isenberg team are truly an outstanding group of professionals. They were honest with me from the beginning about my case being a difficult case but, they were going to try their best. They absolutely did their best and more.
The Associate Attorney S. Colleen led my case and my case was dismissed before trial. Attorney S. Colleen and the Isenberg team came to every hearing beyond prepare and knowledgeable about my case. I am forever grateful with Law Office of Randall B. Isenberg and they are truly the BEST representation you can get.” – Armando Escobar
Get Your Free Consultation Today
It takes a knowledgeable and aggressive criminal defense attorney to protect you against a felony charge. Contact our office today for a free consultation. Intoxication manslaughter cases are time-sensitive, and we are prepared to fight for your rights.
