Defending Against Intoxication Manslaughter Charges In Texas

Defending Against Intoxication Manslaughter Charges In Texas

As Galveston DWI defense attorneys, we understand that few criminal accusations carry the same weight as intoxication manslaughter. This charge not only brings the possibility of years in prison, but also the life-changing stigma of being labeled as responsible for another person’s death. Families, careers, and futures are all on the line the moment law enforcement makes the accusation. Many people facing these charges are first-time offenders who never imagined themselves in the criminal justice system. That is why we fight with precision, knowledge of Texas law, and aggressive defense strategies to protect every client’s rights and future.

Texas has some of the toughest laws in the country when it comes to intoxication offenses. Under Texas Penal Code § 49.08, intoxication manslaughter occurs when a person, by reason of intoxication, operates a motor vehicle in a public place and causes the death of another by accident or mistake. It is classified as a second-degree felony, carrying a punishment range of two to twenty years in prison and fines of up to $10,000. When aggravating factors are present, such as killing a first responder, the offense can be enhanced to a first-degree felony, with a potential sentence of five years to life.

Because of these severe penalties, prosecutors pursue intoxication manslaughter cases aggressively. However, the law is not automatic. To convict, the State must prove several elements beyond a reasonable doubt, including intoxication, causation, and operation of a vehicle. Each of these elements creates opportunities for defense, and our role is to identify weaknesses in the prosecution’s case and leverage them for the client’s benefit.

Understanding Texas DWI And Intoxication Standards

Texas law defines intoxication under Texas Penal Code § 49.01(2) in two ways:

• Loss of normal use of mental or physical faculties due to alcohol, drugs, or a combination of both.
• Having an alcohol concentration of 0.08 or more at the time of driving.

Prosecutors often rely heavily on breath or blood tests. However, these tests are not infallible. Breath machines must be calibrated and maintained properly. Blood draws must follow strict chain-of-custody and testing protocols. Any error in these procedures can undermine the reliability of the results and potentially have them excluded from evidence. We scrutinize every detail of the testing process to ensure that flawed science does not dictate a client’s future.

The Burden Of Proving Causation

One of the most critical elements in intoxication manslaughter cases is causation. It is not enough for the State to prove that a driver was intoxicated. The prosecution must also show that intoxication caused the fatal accident. Under Texas Penal Code § 6.04(a), the State must establish that the conduct was a cause of the harm and that the harm would not have occurred but for the conduct.

This requirement opens the door to multiple defense strategies. Mechanical failures, actions of other drivers, road conditions, or even the behavior of the deceased can all play a role in causation. We have seen cases where prosecutors tried to oversimplify complex accident scenes, ignoring alternative causes. Our defense team works with accident reconstruction experts, medical professionals, and investigators to challenge these claims and show that intoxication was not the cause of the death.

Enhancements And Aggravating Factors

While intoxication manslaughter is generally a second-degree felony, Texas law allows for enhancements. Under Texas Penal Code § 49.09(b-2), if the victim is a firefighter, emergency medical services personnel, peace officer, or judge, the offense is elevated to a first-degree felony. That means exposure to five to ninety-nine years, or even life, in prison.

Prosecutors may also seek harsher penalties if the accused has prior DWI convictions. For this reason, reviewing criminal history and the accuracy of prior convictions is a key part of preparing a defense.

Defense Strategies In Intoxication Manslaughter Cases

We approach these cases with a combination of aggressive courtroom tactics and strategic negotiation. Every case is different, but some common defense strategies include:

• Challenging the stop – If police lacked reasonable suspicion to initiate the traffic stop, evidence collected afterward can be suppressed.
• Questioning field sobriety tests – Standardized field sobriety tests are highly subjective and often administered incorrectly.
• Attacking chemical tests – Breath or blood tests are prone to error if protocols are not followed.
• Disputing causation – Showing that intoxication did not cause the crash can dismantle the prosecution’s case.
• Presenting alternative explanations – Fatigue, distraction, or medical conditions may explain observed behavior better than intoxication.

Our goal is always to position clients for the best possible outcome—whether that means dismissal, reduction of charges, or preparing for trial.

The Human Side Of Intoxication Manslaughter

We also recognize that these cases involve human tragedy. Families grieve, emotions run high, and the public often presumes guilt. This makes the courtroom battle even more difficult. As defense attorneys, we stand as the shield between the accused and the full weight of the State. Our clients deserve fairness, due process, and the chance to be heard. We refuse to let prosecutors exploit tragedy for an easy conviction.

Frequently Asked Questions About Intoxication Manslaughter In Texas

What Is Intoxication Manslaughter Under Texas Law?

Intoxication manslaughter is defined under Texas Penal Code § 49.08 as causing the death of another person by accident or mistake while operating a motor vehicle in a public place due to intoxication. It is a second-degree felony, but enhancements can increase penalties.

What Are The Penalties For Intoxication Manslaughter In Texas?

As a second-degree felony, intoxication manslaughter carries two to twenty years in prison and up to $10,000 in fines. If the victim is a peace officer, firefighter, judge, or emergency medical personnel, the charge can be enhanced to a first-degree felony, with a sentence of five years to life.

Can The Prosecution Rely Solely On A Blood Or Breath Test?

Yes. While chemical test results are used as evidence, they must meet strict reliability standards. Chain of custody, calibration, and testing procedures must all be followed. Errors in these processes can make test results unreliable and potentially inadmissible as evidence.

Is Causation Always Clear In Intoxication Manslaughter Cases?

No. The State must prove intoxication caused the fatal accident. Other factors such as road conditions, weather, actions of other drivers, or mechanical issues can contribute to a crash. Establishing causation beyond a reasonable doubt is often a challenge for the prosecution.

Can A First-Time Offender Be Charged With Intoxication Manslaughter?

Yes. Even without prior DWI convictions, a person accused of causing a death while intoxicated can be charged with intoxication manslaughter. Prior history does not need to exist for the State to bring this charge.

Can Intoxication Manslaughter Charges Be Reduced?

Sometimes. Through strong defense strategies, negotiations, or plea agreements, charges may be reduced to lesser offenses such as criminally negligent homicide. The outcome depends on the facts of the case and the strength of the defense.

What Role Does Accident Reconstruction Play In Defense?

Accident reconstruction is often critical. Experts can analyze skid marks, vehicle damage, and other evidence to show that intoxication did not cause the crash. This can create reasonable doubt and weaken the prosecution’s case.

Does Refusing A Breath Or Blood Test Help The Defense?

Refusal may limit evidence, but Texas has implied consent laws under Texas Transportation Code § 724.011. Refusing a test can lead to a license suspension and may still be used by prosecutors as evidence of guilt.

How Does Probation Work In Intoxication Manslaughter Cases?

Probation is rare in intoxication manslaughter cases, but not impossible. Courts may impose strict conditions, including community service, ignition interlock devices, and alcohol treatment programs. Sentencing alternatives depend on the facts of the case and the defense strategy.

What Happens If An Order Of Protection Or Bond Condition Is Violated During The Case?

Violating bond conditions—such as driving without permission, drinking alcohol, or failing to appear in court—can result in revocation of bond and additional charges. Strict compliance is critical while the case is pending.

How Long Does An Intoxication Manslaughter Case Take To Resolve?

These cases are often complex and can take a year or more to resolve, depending on investigations, expert testimony, and trial preparation. Speed should never come at the cost of a strong defense.

Can Federal Charges Be Involved In Intoxication Manslaughter?

Generally, intoxication manslaughter is a state offense. However, if the case involves federal property or victims with federal status, additional charges could be possible. Our role is to assess every angle to prevent unnecessary exposure to enhanced prosecution.

What Should Someone Do Immediately After Being Charged?

The first step is to remain silent and request legal counsel. Anything said to law enforcement can and will be used in court. Immediate representation ensures that rights are protected from the start.

Call Mark Diaz & Associates For Your Free Consultation

At Mark Diaz & Associates, we know what it takes to fight intoxication manslaughter charges in Texas. We attack weak evidence, challenge unreliable testing, and expose flawed assumptions about causation. Prosecutors may come hard, but we come harder—with preparation, strategy, and the determination to protect every client’s future.

Contact our Galveston homicide defense attorney at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation. From our offices in Galveston, we represent clients across Houston and throughout Texas. If a life has been lost, that does not mean a defense is lost. We stand ready to fight for justice.