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What Happens When A DWI Becomes Vehicular Homicide?

By: Mark Diaz July 17, 2023 no comments

What Happens When A DWI Becomes Vehicular Homicide?

You were driving drunk in Harris County and caused the death of another person. Depending on the circumstances, you could face one of these charges in Texas: criminally negligent homicide, manslaughter, or intoxication manslaughter. Learn more about these charges, and speak to our Harris County homicide attorneys if you need a case review today.

Homicide In Texas

A homicide in Texas generally occurs when someone, by means of criminal conduct, causes the death of another. Texas State Law has four categories of homicide: capital murder, murder, manslaughter, or criminally negligent homicide. The biggest distinction between the four categories is the culpable mental state (whether a person intended to cause someone else’s death) and the circumstances of the conduct itself.

If a vehicle operated by someone causes the death of another, it is a vehicular homicide. In most vehicular homicide cases, especially those involving alcohol, there is typically no intention to kill anyone. Since there is no intent to kill, you could be charged with one of these categories of homicide: criminally negligent homicide, manslaughter, or intoxication manslaughter. Each of these categories has different components that the State will have to be able to prove.

Criminally Negligent Homicide

Someone has acted with criminal negligence if they unknowingly did something or failed to do something that caused other people a substantial and unjustifiable risk. This can be true in even in situations where the driver was intoxicated. If someone was unaware of the risk, then the appropriate charge would be criminally negligent homicide.

Manslaughter

Some can be charged with manslaughter if they caused the death of another through reckless actions. Someone has acted recklessly if they knew of substantial and unjustifiable risk to another person and disregarded that risk.

The risk taken has to be of such a degree and nature that not perceiving it is a significant deviation from the standards of care that any ‘reasonable person’ would use in a similar situation.

Again, this can be true even in cases involving an intoxicated driver. The critical issue and distinction between criminally negligent homicide and manslaughter is the person’s awareness of the risk.

Intoxication Manslaughter

Texas Penal Code 49.08 defines this crime as operating a motor vehicle while intoxicated and that led to something that caused someone else’s death. In other words, the State must prove that you are guilty of a DWI and that the intoxication/DWI caused the death of another in order to convict someone of intoxication manslaughter.

What Are The Penalties For Vehicular Homicide In Texas?

A homicide or manslaughter conviction related to driving a vehicle can result in many serious penalties. In most cases, the potential penalties are the following:

Manslaughter

This is a second-degree felony in Texas. If you are convicted, you face two to 20 years in prison and a fine of up to $10,000. You also can be charged with several counts of manslaughter if there were multiple victims. Under certain circumstances, a judge could be allowed to stack the penalties, meaning if three women died in the same DWI accident, you could serve 10 years for each crime, or 30 years. Further, the prosecutor could add a special issue declaring that the car was a deadly weapon. A deadly weapon finding in the affirmative would affect the parole eligibility date.

Criminally Negligent Homicide

This offense is a state jail felony in Texas. A conviction usually results in 180 days, two years in jail, and a maximum $10,000 fine.

Intoxication Manslaughter

This is a second-degree felony that may result in two to 20 years in prison and a maximum $10,000 fine. Note that intoxication manslaughter is enhanced to a first-degree felony in Texas if the victim was a police officer or firefighter. This degree of offense can be punished by a 5 years up to 99 years or life in prison and a $10,000 fine.

Texas judges cannot give you deferred adjudication for an intoxication manslaughter conviction, but community supervision might be an option. However, if you receive community supervision, you likely have to serve some time in jail as a condition of probation. The judge could also include restitution, or money damages, to the victim’s family.

Note that intoxication manslaughter charges are only for those in a voluntarily intoxicated state. For instance, if you were given a drug and were unaware of it and caused someone’s death in a vehicle, you would not be guilty of this crime.

Defenses For An Intoxication Manslaughter Charge

An effective defense to an intoxication manslaughter charge after a DWI is showing that drunk driving did not cause the death directly.

For instance, suppose you had several beers at a Houston bar, and a speeding car hit you at a red light. While you may have been legally drunk, it did not cause the accident. Instead, the other driver caused the accident. So, while you could be guilty of a DWI, it does not necessarily mean that the crime caused someone’s death.

Also, the prosecutor has to prove you were drunk to be convicted of intoxication manslaughter and that the intoxication caused the death A criminal defense attorney has many potential defenses available for this type of offense. For example, an attorney could try to bring the charge into question if there are problems with how the arrest was conducted, the toxicology report, or the causation of someone’s death.

Common DWI Vehicular Homicide Questions

If you are charged with intoxication manslaughter or a related offense in Texas, you probably have many questions. Here are some of the common questions and answers on this subject:

Do You Get Charged With Both DWI And Intoxication Manslaughter?

By definition, intoxication manslaughter involves DWI. The prosecutor will typically charge you with the most severe crime they can. However, they may charge you with DWI while they are waiting for other facts to develop and then upgrade the charge at a later time. While your attorney should aim for a case dismissal, getting a manslaughter charge reduced to a standard DWI would be desirable because of the less severe punishments.

What Is The Maximum Penalty In Texas For Killing Someone While Drunk?

You can get up to 20 years in prison for intoxication manslaughter in Texas. You also may pay a $10,000 fine and have hundreds of hours of community service. If the crime is charged as a first-degree felony for killing an officer of the law, additional prison time is possible.

Can You Be Charged With DWI Or Vehicular Homicide If Your BAC Is Below .08%?

Yes. If a police officer suspects that someone has lost the normal use of their mental OR physical faculties from either alcohol or drugs, they are considered legally intoxicated regardless of the alcohol concentration. Therefore, they could be charged with DWI or any of the categories of vehicular homicide.

Can I Get Charged With Intoxication Manslaughter If I Was On A Prescription Drug?

Yes, it is possible to be charged with intoxication manslaughter if you were on a prescription drug. If the officer suspects that you are intoxicated by something, even if they are unsure what it is. So, it is always best to say as little as possible and call your attorney.

You also can be charged with the crime if you are high on marijuana. However, no Texas law defines what being intoxicated on marijuana is, so that is a potential avenue of defense for certain defendants.

What Is Intoxication Assault?

This crime involves being intoxicated and causing another person serious bodily injury. This could be the loss of a part of the body or organ, disfigurement, scarring, or other severe consequences from bodily injury. If the injured person was a first responder, you could be charged with a more severe felony and even a first-degree felony if the person was a police officer or judge.

Do I Need A Lawyer If I Plead Guilty To DWI?

Yes. You should always have a lawyer for any intoxication case, especially if it involves killing another person. Even if you plead guilty on a straight DWI charge, your attorney will ensure the prosecutor meets the burden of proof to get a conviction. Your attorney also will see if your Constitutional rights were violated during your questioning or arrest.

Contact Our Harris County Homicide Attorneys

However, the crime is charged, vehicular homicide involving DWI is a serious matter in Texas. This charge will likely receive considerable media coverage, and the prosecutor’s office will probably feel more pressure to convict you. You may face years in prison, and thousands in fines, and your life will never be the same if you wind up behind bars. Please contact our Harris County homicide attorneys at Mark Diaz & Associates today to fight for your rights at (409) 515-6170.

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