Intoxication Manslaughter Texas
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Let Houston Intoxication Manslaughter Lawyer B. Keith Jackson Defend You
If someone drives drunk and gets into an accident resulting in another person’s death, they could face charges of intoxication manslaughter. Texas residents accused of intoxication manslaughter deserve steadfast representation from an experienced defense lawyer, like B. Keith Jackson, Attorney and Counselor at Law, PLLC.
Under Texas law, a person commits intoxication manslaughter if they cause the death of another while operating a motor vehicle in a public place while intoxicated. A vehicular manslaughter conviction can lead to severe penalties, including years in prison and a permanent criminal record.
As a Texas DWI defense attorney, B. Keith Jackson, Attorney and Counselor at Law, provides aggressive legal representation for those facing intoxication-related charges. With extensive experience handling complex DWI cases, Attorney Jackson fights to protect your rights and build the most vigorous possible defense.
If you need a Houston intoxication manslaughter lawyer, call (281) 545 -5020 today for a confidential consultation and take the first step toward defending your future.
What is Intoxication Manslaughter in Texas?
Under Texas law, intoxication manslaughter applies to any situation when a person operates a motor vehicle while intoxicated and causes the death of another individual. Unlike standard vehicular manslaughter, which may involve reckless driving, intoxication manslaughter convictions do not require proof of intent or recklessness. Instead, it requires that the driver’s mental or physical faculties were impaired by alcohol or drugs at the time of the crash.
Some other states call this crime negligent homicide or vehicular negligent homicide. However, in Texas, it has its own distinct legal definition and severe penalties.
Texas Intoxication Manslaughter Statute
According to Tex. Penal Code § 49.08, intoxication manslaughter occurs when a person, while intoxicated, operates a motor vehicle, amusement ride, or watercraft owned by them or another and causes the victim’s death.
A driver is considered intoxicated if they have a blood alcohol concentration (BAC) of 0.08% or more. Additionally, a driver could be considered impaired if they appear to have their physical or mental faculties impaired by drugs or alcohol.
An intoxication manslaughter offense is typically classified as a second-degree felony, with penalties including prison time and substantial fines that can range into thousands of dollars. However, in some intoxication manslaughter cases, those accused could face first-degree felony charges.
While an intoxicated manslaughter conviction is not the same as a regular manslaughter or murder charge in Texas, it can still lead to life-altering legal repercussions.
DWI Resulting in Serious Bodily Injury vs Death
In addition to causing death, intoxication manslaughter also applies when a drunk driver causes serious bodily injury instead.
Under Texas law, serious bodily injury means an injury that creates a substantial risk of death, permanent disfigurement, or long-term impairment. If the victim in a DWI accident suffered from serious bodily injuries, but ultimately survived the accident, the offense would fall under intoxication assault rather than intoxication manslaughter.
Enhanced Intoxication Manslaughter in Texas
Under Tex. Penal Code § 49.09(b-2), certain factors can lead to enhanced penalties for those charged with intoxication manslaughter. If the victim was a peace officer, emergency medical services personnel, or a firefighter, the offense becomes a first-degree felony. This can result in harsher prison time.
Additionally, if a person has one or more other DWI offenses on their record, they could face additional penalties. For this crime, a person is considered convicted if they were adjudged guilty, entered a plea of nolo contendere (no contest), or were sentenced to deferred adjudication community supervision for drunk driving or drunk boating.
Intoxication Manslaughter Texas Sentence
A person charged with intoxication manslaughter in Texas faces severe penalties due to the death of another person caused by driving under the influence. Under the Texas Penal Code, a first conviction for intoxication manslaughter is classified as a second-degree felony, carrying a prison sentence of 2 to 20 years, fines up to $10,000, and a license suspension of up to two years.
In rare cases, a defendant may receive probation. However, Texas law imposes strict conditions, including mandatory jail time, community service, and participation in substance abuse programs.
If you have been accused of operating a motor vehicle while intoxicated and causing a fatal accident, you need an attorney like B. Keith Jackson. He can challenge the intoxication manslaughter charge and protect your rights, ensuring you receive the best possible outcome.
How Many Years for Intoxication Manslaughter in Texas?
As a second-degree felony, intoxication manslaughter carries a sentence of 2 to 20 years in prison. If the offense is a person’s second or subsequent conviction, or the victim was a peace officer or first responder, they could face more severe penalties.
While the Texas Penal Code establishes these sentencing guidelines, the actual punishment depends on various factors, including the judge, prosecutor, court jurisdiction, and the specifics of the alleged crime. Having a skilled and experienced criminal defense attorney on your side is critical to fighting for reduced charges or a more lenient sentence.
What Can a Houston Criminal Defense Attorney Do in an Intoxication Manslaughter Case?
Hiring a criminal defense attorney in Houston is crucial when facing an intoxicated manslaughter charge. Unlike public defenders who handle heavy caseloads, a private attorney can dedicate more time and resources to building a strong defense.
A skilled lawyer like B. Keith Jackson will analyze the evidence, challenge the prosecution’s claims, and work to establish reasonable doubt in the jury’s mind.
Possible Defenses to Intoxication Manslaughter in Texas
Depending on the circumstances of the accident, there are several legal defenses to an intoxication manslaughter charge. One common defense is questioning the accuracy of the alcohol concentration level.
Breath and blood tests can be flawed, and your blood alcohol content could rise over time, causing your BAC to read higher than it would have been at the time you were behind the wheel.
An attorney may also argue that the incident was due to criminal negligence rather than intoxication, which could lead to reduced charges or a case dismissal. This is especially true in cases where the prosecution doesn’t have evidence proving your intoxication.
Don’t Let an Intoxication Manslaughter Charge Ruin Your Future—Call Attorney B. Keith Jackson Today
An intoxication manslaughter charge can have life-altering consequences, but you don’t have to face it alone. With the proper legal defense from a skilled Houston manslaughter defense attorney, you may be able to challenge the prosecution’s case and fight for a better outcome.
Attorney B. Keith Jackson is a Houston-based criminal defense lawyer who is well-versed in Texas intoxication laws and will aggressively defend your rights. We will do everything we can to help you avoid a first or subsequent conviction. If prosecutors have charged you with intoxication manslaughter, don’t wait to seek representation.
Contact B. Keith Jackson, Attorney and Counselor at Law, PLLC, for a free consultation today. Contact us online or call (281) 545 -5020 to get started.
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