If you or someone you care about has been charged with Intoxication Manslaughter, they will undoubtedly need someone in their corner who will fight and defend their liberty with the experience, skill, and fortitude of an Austin DUI Attorney. Believe it or not, attorneys can successfully defend not only DWI charges in Texas, but Intoxication Manslaughter cases in Austin as well.
If you have been arrested for DWI in Austin , you must act quickly to hire an experienced and trustworthy lawyer who is knowledgeable about drunken driving cases. The penalties for DWI cases are harsh and you have a limited time to challenge your driver license suspension. Many people mistakenly believe that they can save time and money by trying to fight a DWI case alone, but they end up paying the price later. It is imperative to have someone in your corner who will fight for your rights.
Manslaughter in Texas is broken into three categories: manslaughter, intoxication manslaughter and vehicular manslaughter. Unlike other states, Texas does not differentiate between voluntary manslaughter and involuntary manslaughter. Both are simply covered under the broad term of manslaughter. Any version of this charge is a very serious crime and carries heavy penalties.
Manslaughter is charged when:
- You commit a reckless act that directly or indirectly causes the death of another person.
Intoxication manslaughter is charged when:
- You commit a reckless act that directly or indirectly causes the death of another person while you are intoxicated.
Vehicular manslaughter is charged when:
- You commit a reckless act that directly or indirectly causes the death of another person while driving a vehicle or a boat.
Intoxication Manslaughter In Austin
Intoxication Manslaughter is codified in the Texas Penal Code as follows:
Sec. 49.08. INTOXICATION MANSLAUGHTER. (a) A person commits an offense 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.
(b) An offense under this section is a felony of the second degree.
Intoxication Manslaughter occurs when a person is Driving While Intoxicated and causes the death of another. This often occurs in an accident with another vehicle. The DWI driver can also be charged with Intoxicated Manslaughter when the death of a passenger in their vehicle is caused by an accident. A mandatory blood draw is mandated under Texas law in cases where a death occurs. DWI lawyers always vigorously litigates intoxication as well as causation of the accident and untimely death.
License Suspensions and ALR Hearings
When you are arrested for driving while intoxicated, the police officer who arrests you takes your license and gives you a Notice of Suspension. You only have 15 days from that date to schedule a hearing to contest your administrative license revocation. The topic at these hearings is specific Texas DWI laws. Only an experienced Austin DWI attorney can properly protect your rights in these cases.
Penalties for Manslaughter in Texas
Regardless of the type of manslaughter, it is a second degree felony with life-changing consequences. It is critical to understand that the prosecution must only prove recklessness, not intent or motive. A knowledgeable criminal defense lawyer is essential when defending against any type of manslaughter charge. To build a good defense, you must be aware of your potential options. This is not the type of charge you should handle on your own or have handled by an inexperienced or less knowledgeable attorney.
Penalties for manslaughter, intoxication manslaughter, and vehicular manslaughter include:
- 2 to 20 years in a state prison facility
- Up to a $10,000 fine
Penalties for Intoxication Manslaughter In Texas
An offense for Intoxication Manslaughter is a felony of Second Degree. A Second Degree Felony is codified in the Texas Penal Code as follows:
Sec. 12.33. SECOND DEGREE FELONY PUNISHMENT. (a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.
Furthermore, the State of Texas will most certainly allege that the vehicle involved in the accident is a deadly weapon, which has the effect of making the case an aggravated case for purposes of parole.