Houston Intoxication Manslaughter Attorney
Intoxication manslaughter occurs when you cause the death of another person by accident or mistake while committing the act of BWI, FWI, or while operating a motor vehicle while intoxicated in a public place (DWI) due to intoxication.
It is considered the most serious intoxication-related offense. It may even escalate to a felony murder charge depending on the circumstances of the incident. As a potential felony conviction, it’s crucial to understand your case fully, the details of your arrest and charge, and how the outcome of your case could impact your life.
Working with a professional DWI lawyer at Law Offices of Gary Trichter can help you better understand your charge’s circumstances and potential consequences. Legal counsel is a valuable resource to help you navigate your situation and defend your rights.
Understanding the Charge: Intoxication Manslaughter Defined
Intoxication Manslaughter is a serious offense under Texas law. According to Texas Penal Code § 49.08, a person commits intoxication manslaughter if they operate a motor vehicle in a public place or operate an aircraft, watercraft, or amusement ride while intoxicated and, because of that intoxication, cause the death of another by accident or mistake. This charge highlights the severe consequences when impaired operation leads to a fatal outcome.
It is important to differentiate intoxication manslaughter from other related offenses. For example, a Driving While Intoxicated (DWI) charge addresses the act of operating a vehicle while impaired, but it does not inherently involve injury or death to another. Similarly, Driving Under the Influence (DUI) typically refers to minors operating a vehicle with any detectable amount of alcohol. Intoxication Manslaughter is categorized as a more serious offense because it involves the tragic death of another individual directly caused by the operator’s intoxication.
The circumstances leading to an Intoxication Manslaughter charge can vary widely. For instance, an individual impaired by alcohol might cause a collision, resulting in the death of another motorist. Another example could involve a person operating a boat under the influence of a controlled substance, leading to an accident where a passenger or another individual fatally drowns. The term “another” in the statute is broad, including passengers (even those in the defendant’s vehicle), other drivers, pedestrians, or any person whose death is directly caused by the intoxicated operation.
Call (979) 472-3858 to schedule a free consultation with a Houston intoxication manslaughter attorney today.
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- 1st Offense DWI
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- BWI With Child
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“Gary and his staff are absolutely the best attorneys you can get. They deeply care for their clients well being and will fight for the best outcome possible. Gary's knowledge of the law and his calm demeanor has put my mind at ease when I had a medical situation that was very scary and misunderstood by an officer. He told me" I will walk you through this" and he did just that! scince then he has became a trusted friend.”- Kevin J.
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“I was referred to Mr. Trichter by a close family friend. Two of his family member had used him to represent them in their DWI case and were both very pleased with his work. After having Mr. Trichter represent me I can fully understand why. He is an amazing attorney and the best at his job by far. But more then that he is an amazing person that truly care about his client. I will forever be great full for what he has done for me in helping me have my case dismissed. Thank you again Gary!!!”- Luke F.
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“I absolutely recommend, respect, and appreciate Gary and his team.They made the legal process easy, and were extremely helpful throughout the entire DWI ordeal. Gary specializes in Texas DWI cases and has a history of success. More importantly, in my opinion, is his fortitude, persistence, and unapologetic approach to these complacent DAs and Judges that seemed so eager to destroy my livelihood. Call Gary Trichter!! He will shoot you straight, and you will not regret hiring him and his team.”- Kyle O.
Consequences of Intoxication Manslaughter
Intoxication manslaughter is classified as a Felony of the Second Degree. An intoxication manslaughter offense under this section is a felony of the second degree, which may result in a fine of up to $10,000, 2 to 20 years in the Texas Department of Criminal Justice, and a driver’s license suspension ranging from 180 days to 2 years.
Upon conviction, there is an annual $1,000 to $2,000 surcharge fee for 3 years to retain your driver’s license. Felony convictions also carry the standard disqualification penalties for voting and possessing a firearm.
Even in cases where probation is granted, a 120-day jail sentence remains a requirement.
Additional Penalties
If the vehicle was driven in a way that made it a deadly weapon, an additional penalty applies. This prohibits good time credit in prison from being considered for early release until half of the sentence has been served.
Deadly weapon findings may also restrict the circumstances in which a person may be eligible for probation.
For bond, an ignition interlock device is often required, along with other potential restrictions on your driver’s license, driving privileges, or other social factors.
Ignition Interlock Requirements
As a condition of bond, the court will require the installation of a vehicle ignition interlock device on your car, and you will not be allowed to operate any vehicle that is not equipped with this device.
The interlock device detects alcohol in your breath. If it senses a certain level, the vehicle will temporarily be disabled.
Additionally, the court may order the accused to abstain from alcohol use and from using controlled substances without a prescription. This may be enforced through random drug testing. In some cases, the court may also prohibit the accused from operating a motor vehicle while the case is pending.
At the forefront of the industry stands our visionary founder, Gary Trichter. He earned the distinction of being the very first Board-Certified DWI Specialist in Texas. This certification is only given by the National College of DUI Defense (NCDD) which is recognized by the American Bar Association.
Gary has spoken at hundreds of seminars on DWI and has taught lawyers, judges, and prosecutors about DWI law. Gary co-authored the textbook Texas Drunk Driving Law and is leading the way with unparalleled expertise in the field.
Working With a Houston Intoxicated Manslaughter Lawyer
Facing an intoxicated manslaughter charge can be overwhelming and life-changing. Navigating the legal process on your own is difficult, but having the right legal representation can make a difference in protecting your rights and working toward the best possible outcome.
Schedule a free consultation with our Houston intoxicated manslaughter lawyers to discuss the details of your case. Call (979) 472-3858 or contact us online to get started.
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1st Board-Certified DWI Specialist in TexasOur Founder Gary Trichter was the 1st Board-Certified DWI Specialist In The State of Texas to earn the designation of “DWI Specialist”.
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On The Forefront Of ChangeWe don't just push the envelope—we redefine its boundaries. We stand on the other side, shaping trends and crafting bold, effective defense strategies.
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DWI Defense PowerhouseWe combine professional, aggressive criminal defense with caring, understanding legal counsel.