Intoxication Manslaughter Lawyer Austin, TX
Seek Aggressive Legal Representation From Our DWI Defense Team
Although drunk driving is associated with harsh penalties, a DWI involving the death of another individual can lead to more severe consequences. Since the dangers of drunk driving are well known and documented, Texas prosecutors and the victim’s family always seek to punish defendants charged with intoxication manslaughter—to the fullest extent of the law. Intoxication manslaughter is considered a felony DWI in Texas.
If you have been arrested for intoxication manslaughter, Smith & Vinson Law Firm can protect your rights and future throughout the legal process. Our Austin intoxication manslaughter defense attorneys can investigate your case, collect evidence, and build an effective defense strategy to either get your charges reduced or your case dismissed altogether.
Texas Intoxication Manslaughter Laws
If a person knowingly becomes inebriated from alcohol, drugs, or a combination of both, then operates a motor vehicle and kills another individual, he/she has committed intoxication manslaughter. On the other hand, if you unknowingly consumed a controlled substance and became impaired, you are not at fault for causing death. While manslaughter is not as serious as murder, the former is still punishable by harsh penalties. The specific penalties are based on the circumstances of the case.
Texas law allows for “stacking” of punishments for both intoxication manslaughter and intoxication assault. This means that if there was more than one victim, multiple counts can be charged and the punishments can be added together to run consecutively. This is very different than most felony punishments in Texas that run concurrently, or together.
Understanding Intoxication Manslaughter Charges in TX
In Texas, it is illegal for a person to operate a motor vehicle (car, aircraft, watercraft, or amusement park ride) while intoxicated. Under state law, intoxication means having a blood alcohol concentration of .08 or more, or when the amount of alcohol or drugs in a person’s system impairs the use of their mental or physical faculties. If the driver, because they are under the influence, accidentally or mistakenly causes the death of another, they could be charged with intoxication manslaughter.
Texas Intoxication Manslaughter Penalties
Intoxication manslaughter is a second-degree felony in Texas, which carries the following penalties:
- Up to 20 years in prison
- Up to $10,000 in fines
- Up to 2 years driver’s license suspension
If the intoxicated driver or operator caused an accident that took the life of a firefighter or emergency medical personnel while carrying out official duties, they could be charged with a first-degree felony.
Additionally, if more than one person is killed or injured in a car accident, a defendant could face separate intoxication manslaughter or intoxication assault charges for each victim.
Conviction penalties include:
- Up to 99 years in prison
- Up to $10,000 in fines
Retain the Legal Services of Our Austin Intoxication Manslaughter Lawyer
Having a skilled Austin intoxication manslaughter defense attorney relentlessly fighting for you could make a substantial difference in the outcome of your case. At Smith & Vinson Law Firm, we understand the seriousness of an intoxication manslaughter charge, which is why we take the time to listen to your side of the story and craft a compelling defense for you. Our Austin lawyers will challenge the prosecutor’s case and work toward getting charges reduced or dropped, minimizing the effects of a conviction on your life.
Contact us today to schedule a free consultation with our Austin intoxication manslaughter attorneys. Call us at (512) 359-3743.
Our Client Reviews
Earning Our Reputation by Protecting Yours
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Smith and Vinson are absolutely incredible! They go above and beyond to help their clients and have a track record of success in getting cases dismissed. Their aggressive approach and unwavering dedication make them stand out from the rest.- Linda W.
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What sets this firm apart is their unwavering dedication to their clients. They listen attentively, provide clear guidance, and approach every case with the utmost diligence. Their attention to detail is truly impressive, and they leave no stone unturned.- Former Client
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When in battle you need people by your side who are fierce enough to face the opposition with you. Brad and Jarod far exceeded my expectations with their passion for winning and attention to detail.- Nikki C.
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After the Jury was selected, the first witness was called to the stand, and Brad and Jarrod imploded the State's case. Moments later, the case was dismissed. I couldn't be any more thankful for Smith & Vinson.- Former Client
A Proven Track Record
Check Out Our Recent Case Results
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Case Dismissed Aggravated Robbery
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Probation (was looking at 25 to life in prison) Felony DWI
Our client was arrested and charged with DWI. The alleged BAC was 0.083. However, because he had 6 prior DWI’s and had previously been to prison multiple times, the client was facing 25 years to life in prison. The client accepted responsibility for the crime and our attorneys set this case for a sentencing hearing in front of the judge, where we put on a strong mitigation case with multiple witnesses. We were able to avoid prison or jail for the client. He was sentenced to probation.
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Case Dismissed; Charges Reduced Solicitation of a Minor
Our client was a legal permanent resident with no criminal history when he was picked up for solicitation of a minor after a sting operation. He faced serious immigration consequences if convicted of a crime of this nature. In addition, the evidence against him was substantial and he was looking at prison time.
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Case Dismissed Intoxication Assault
Our client had allegedly been drinking with friends after work. He woke up in the hospital after an accident that severely injured another person. We fought for our client in our negotiations with the prosecutor on his felony Intoxicated Assault charge and worked with the injured party’s insurance company on a plan to compensate her for her injuries. The felony was ultimately dismissed and reduced to a misdemeanor DWI charge.
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Case Dismissed DWI
Our client was stopped by a police officer for driving the wrong way down a one-way street. A Blood Warrant was issued, and the test came back .09. Our client was new to the area and attempting to get a job. Pleading guilty to a DWI was not an option. After negotiating with the prosecutor, our firm was able to get the DWI charge dismissed after successful completion of 18 months deferred prosecution.