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.
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.
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
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.
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
Not Guilty Sexual Assault
NOT GUILTY on Sexual Assault and two other lesser included charges. Our client said from day one he was an innocent man. We believed him.
Case Dismissed Felony DWI w/ Child Passenger
After spending Thanksgiving Day with her family, our client drove home with her daughter in the backseat of her car. She was pulled over for speeding and given a warning. At that point, she should have been free to leave. Instead, a backup officer arrived on scene and demanded that the client step out of the car so he could perform an “investigation.”
Case Dismissed Theft
Our client, a legal permanent resident, was charged with stealing clothing at Macy’s. The State offered our client an initial plea deal. However, due to her immigration status, we advised our client that it was in her best interest to fight this case the whole way.
Case Dismissed Assault Family Violence
Our client was charged with Assault Family Violence that resulted from an argument with his girlfriend. Our client had a good job with a baby on the way and desperately wanted his record clear to support his family.
Not Guilty DWI .22 Blood Warrant
This was the 2nd time we tried this case. First one ended in a mistrial last year. 911 caller reported 2 people leaving a restaurant belligerent and stumbling. Officer arrived on scene, conducted field sobriety tests and arrested client for DWI. Client refused to provide a sample. Warrant was obtained and blood came back a .22.