In Texas, it is a serious matter if law enforcement can prove or even suspect that you were driving while intoxicated. If you are believed to have caused a fatal accident while driving intoxicated, it’s a tragedy for everyone involved, and the seriousness escalates to a potential second-degree felony for you.
Our Farmers Branch lawyers understand the despair you feel and the fear that a charge of intoxication manslaughter brings. Our decades spent advocating for the rights of others facing such charges bring a wealth of strong support for you at a time when you most need it. As part of that support, we offer a free consultation to discuss your rights and what may lie ahead.
What Is Intoxication Manslaughter in Texas?
An individual commits intoxication manslaughter when driving a motor vehicle, plane, boat, or amusement ride, or even assembling a mobile amusement ride while intoxicated and, due to their intoxication, mistakenly or accidentally causes another person’s death.
Intoxication is defined as having a blood alcohol concentration (BAC) level of 0.08% or more, or not having one’s normal mental or physical faculties due to ingesting legal or illegal drugs or other substances. There is no intent to harm behind the accidental death, but the driver’s actions were reckless. The very act of driving while intoxicated is considered reckless.
The Penalties for Intoxication Manslaughter in Texas
If you are convicted on an intoxication manslaughter charge, the legal penalties may include:
- A prison sentence of two to 20 years
- A fine of up to $10,000
- Community service
- Suspended license
If you are convicted of the death or injury of more than one person, your sentences will run consecutively, meaning one after another, potentially leading to decades in prison.
If the person who died was a first responder acting in the performance of their duty, it is a felony in the first degree, and you face a prison sentence of five to 99 years, in addition to the other penalties outlined above.
Probation
It is uncommon to receive probation for a conviction of intoxication manslaughter. If the judge determines that circumstances warrant probation rather than an extended sentence in prison, you will still have to serve 120 to 180 days in jail before you can begin the probationary period of your sentence.
Life After an Intoxication Manslaughter Charge or Conviction
Our attorneys in Farmers Branch, Texas, will fight hard to defend you against the charge of intoxication manslaughter. You should be aware, however, that your life may not immediately return to normal after trial.
Fair or not, a stigma is associated with a charge of driving while intoxicated. If someone loses their life in an accident where intoxication is suspected, the community reaction is all the stronger.
You may face:
- Difficulty finding employment in certain fields
- Challenges when seeking loans
- Loss of custody of your children
- Divorce
- Alcohol or drug abuse while coping with the fallout of the charges or conviction
Defenses for Intoxication Manslaughter
To get a conviction, the prosecutor must prove beyond a reasonable doubt that you were legally intoxicated during the accident. It must also be proven that your intoxication caused the fatality.
Our legal team will perform an independent investigation on your behalf that may include but not be limited to:
- Interviewing and collecting statements from eyewitnesses
- Assembling CCTV footage of the accident as well as the area before the accident
- Collecting visual data of the accident from individuals in the area
- Tracking the movements of involved parties from 24 hours before the accident
- Reviewing the mechanical history and upkeep of involved vehicles
- Collecting police and medical reports
- Establishing the driving history of involved parties
- Confirming roadway, weather, and lighting conditions
- Reconstructing the accident
- Reviewing validity of blood alcohol concentration, breathalyzer, and field sobriety test results as presented by the prosecution
- Confirming proper police procedures were followed and that your constitutional rights were respected
Our investigation might prove that:
- It is impossible to confirm what your blood alcohol concentration was at the time of the accident.
- You may have been intoxicated at the time of the accident, however, the accident was not caused by your intoxication but rather by another factor, such as weather, road conditions, or the actions of another driver
- You were not driving the car at the time of the accident.
- There were procedural problems with the handling of evidence or interviews by police.
Facing a criminal charge does not mean you are guilty of a crime. Our attorneys are fierce advocates who know how to fight for you and your future.
The Law Offices of Randall B. Isenberg Can Help With a Farmers Branch Intoxication Manslaughter Case
Attorney Randall B. Isenberg and his legal team combine years in the prosecutor’s office with a lengthy criminal defense background when shaping your defense. Criminal defense attorney Isenberg is a former senior chief felony prosecutor and state district trial judge.
As a result, he is intimately familiar with how the prosecution puts together a case and the thought process of the trial judge. He uses that knowledge to your benefit when he and his team craft your defense against the charge of intoxication manslaughter. Attorney Isenberg is Board Certified in Criminal Defense by the Texas Board of Legal Specialization and is a Certified Criminal Defense Advocate by the National Board of Trial Advocacy.
In 2022, he was recognized as an Expertise Super Lawyer in the field of DUI and chosen by his peers to receive the D Magazine Award as one of the top 10 criminal defense lawyers in Dallas.
Contact Us Today for a Free Consultation
It is important to get ahead of any DWI-related charges. If you suspect you may be facing an intoxication manslaughter charge, call us for a free consultation today. If you have been charged, call our office, and speak with one of our attorneys before speaking with the police. You have a right to legal representation.
We are ready to fight for the best possible outcome for your future.
