Upon conviction for intoxication manslaughter in Garland, you will face substantial fines and a lengthy suspension of your driver’s license. Even worse, you could spend decades behind bars.
This serious charge is not one you should attempt to fight on your own. You need an intoxication manslaughter lawyer in Garland to protect your legal rights and fight for your future.
With over 30 years’ experience as a state district trial judge and senior chief felony prosecutor, attorney Randall Isenberg knows how to build a strong defense on your behalf to fight for the best possible outcome in your case.
Contact us today at 214-696-9253 for help.
How Can an Intoxication Manslaughter Lawyer Help You?
When facing charges of this magnitude, Randall and his team will provide invaluable services.
We will help you understand your options, allowing you to make the right choice for your future. We will advocate for you and ensure the protection of your legal rights throughout the proceedings. And, by working tirelessly to build a strong defense for your case, we can help provide a better chance for a positive outcome.
A lawyer who has experience and insight into the Texas criminal court system will be uniquely qualified to dissect the prosecution’s case to find potential weaknesses, then use that knowledge to guide your defense strategy.
Fortunately, the prosecution in an intoxication manslaughter case has a high burden of proof, a fact we can leverage when building your case.
What Are the Penalties for Intoxication Manslaughter in Garland?
In the Texas Penal Code (TPC), the intoxication manslaughter statutes define this crime as an accidental death that occurs due to driving while intoxicated. The victim can be anyone, including a passenger in your vehicle.
Intoxication manslaughter is typically a second-degree felony that carries the following penalties:
- Between 2 and 20 years in prison
- Monetary fines up to $10,000
- Mandatory driver’s license suspension of up to two years
- Community service
- Installation of ignition interlock devices on all your vehicles
- Alcohol education program attendance
- Court costs and fees
- Restitution (if applicable)
Any aggravating circumstances in your case can lead to enhanced charges. Some examples of enhanced charges are as follows:
- Having an open container of alcohol in your vehicle
- Having a passenger under 15 in your vehicle
- Having a BAC of 0.15 or above
- Having one or more prior DWI convictions
If the victim was a first responder performing her duties, you will face first-degree felony charges.
Upon conviction for intoxication manslaughter, you will have a permanent criminal record, available to anyone who runs a background check on you. This can prevent you from getting a job, renting a home, or renting a car.
A Texas felony conviction also prohibits you from owning or possessing a firearm or holding most types of professional licenses.
Legal Strategies for Fighting Intoxication Manslaughter Charges in Garland
Entering a guilty plea for intoxication manslaughter will send you to jail for at least two years, possibly much longer. For this reason, you should explore all possible alternatives with your lawyer.
You can choose to take your case to court to fight the charges against you. However, you might not need to. Your lawyer may succeed in negotiating with the prosecutor to reduce or even dismiss the charges against you.
Based on the prosecutor’s evidence against you, your lawyer may use one or more of the following strategies for fighting your charges:
Lack of Probable Cause
Police officers must have probable cause to make an arrest. If your arresting officer failed to observe guidelines and protocols for establishing probable cause, any subsequent evidence obtained might not be admissible in court.
Lack of Fault
Driving under the influence does not automatically mean you are at fault for an accident you were involved in. You may have to deal with DWI charges; however, that is a good alternative to intoxication manslaughter charges.
No Causation for Fatality
For your actions to warrant intoxication manslaughter charges, any injury or death that occurred must have been a direct result of your actions. Your lawyer may identify another cause for the fatality, or at least provide enough evidence to establish reasonable doubt.
No Legal Impairment
We might look into whether we can establish a lack of impairment. We might be able to do this regardless of whether your BAC tests came back over the limit. For example, we might argue that you were not intoxicated when the accident happened; your body was continuing to absorb the alcohol you had consumed, so your BAC rose after the accident occurred. This can be successful if your BAC was at or right above 0.08.
Invalid BAC Evidence
When administering a BAC test, officers and testing technicians must adhere to guidelines and procedures issued by the National Highway Traffic Safety Administration and the Texas Administrative Code. If any aspect of testing or analysis violated established standards, your lawyer might request a judge declare your test results inadmissible.
Call for a FREE Consult with a Garland Intoxication Manslaughter Lawyer
When you face charges as serious as intoxication manslaughter, choosing the right lawyer can make a significant difference for your future.
Attorney Randall Isenberg understands what you have at stake. And his insider knowledge of the Texas criminal court system provides the insight it takes to ensure the best possible outcome in your case. He will put that knowledge and experience to work for you and work tirelessly to help you through this challenging time.
The Law Offices of Randall B. Isenberg provides a free consultation and case review to answer your questions and help you make an informed decision about your future. Contact us today to schedule your appointment: 214-696-9253.