In Texas, intoxication manslaughter means causing death of another person by reason of being intoxicated while operating a motor vehicle in a public place. It also applies to operating an aircraft, watercraft or amusement ride while intoxicated and causing death as a result. In essence, this is the most extreme instance of driving while intoxicated (DWI), and the crime is penalized accordingly. 

Intoxication manslaughter is a second-degree felony, carrying a potential prison sentence of two to 20 years, a fine of up to $10,000 and 240 to 800 hours of community service. If the victim was a firefighter, judge, police officer or an emergency medical technician in the course of their duties, the charge is elevated to a first-degree felony, which can result in a sentence of 5 years to life in prison.

Intoxication manslaughter is by definition an unintentional form of homicide. The death occurs as the result of accident or mistake, so the prosecution need not prove deliberate conduct by the defendant. Nevertheless, there may be defenses that can be raised.

As in a DWI prosecution, the defendant can attempt to disprove intoxication. This requires challenging the prosecution’s evidence that defendant’s blood alcohol content (BAC) exceeded the legal limit. Usually, this means showing error in the method by which blood alcohol testing was done or in the manner of handling of the evidence. 

Another defense is that the defendant’s intoxication was not the cause of the accident and death. The accident may have been principally the fault of another driver involved. It may have been due to a mechanical failure in the defendant’s vehicle. Or it may have been caused by road hazards or defects or by adverse weather conditions. The burden of proof is on the prosecutor to show alcohol was the cause.

Involuntary intoxication may be asserted as a defense. This occurs when someone is tricked or forced into consuming drugs or alcohol. For instance, a person might consume alcohol unknowingly because the punch bowl at a party was spiked, or a date rape drug might be put in someone’s drink. Involuntary intoxication also can result from an allergy to or unintended effects of prescription medication. This defense requires showing that the level of intoxication prevented the defendant from understanding the nature of their actions, namely operating the vehicle. 

Evidence of temporary insanity caused by intoxication can be introduced as a mitigating factor. Although such a condition does not excuse the act itself, it could lessen the severity of the sentence under specific circumstances. This argument requires expert testimony.

Being convicted of intoxication manslaughter can have dire consequences. It’s vital to immediately seek counsel from an experienced intoxication manslaughter defense attorney who can investigate and analyze your case, explore potential defenses and develop a strategy for the best possible outcome.

Tylden Shaeffer, Attorney at Law, P.C. in San Antonio provides aggressive, knowledgeable representation in manslaughter cases throughout Texas. Call (210) 227-1500 or contact me online as soon as possible after being arrested or charged with a crime.