If you were involved in a fatal accident and subsequently got arrested for DWI, you face intoxication manslaughter charges and potentially decades behind bars. You need an aggressive legal advocate to fight for your future.
An intoxication manslaughter lawyer in Allen, TX from the Law Offices of Randall B. Isenberg can help. Attorney Randy Isenberg, with almost four decades of experience in the Texas criminal justice system, previously served as a felony prosecutor and state judge. This unique background and insight help our legal team build an aggressive case for your defense.
Call now at 214-696-9253 for a free consultation and case review.
Allen, TX Intoxication Manslaughter Penalties
For a fatal drunk driving accident, the prosecutor will pursue intoxication manslaughter charges. In Texas, this second-degree felony criminal offense carries potential penalties as follows:
- 2 to 20 years in prison
- $10,000 in fines
- 2 year driver’s license suspension
However, you could face more serious charges if any of the following apply in your case:
- You have prior DWI convictions.
- Your blood alcohol concentration (BAC) exceeded 0.149.
- You had a minor passenger (age 15 or below) in your vehicle.
- You had an open alcohol container in your vehicle.
- The victim was a first responder performing their job.
In that case, the prosecutor may pursue first-degree felony criminal charges, potentially punishable as follows:
- Up to 99 years in prison
- $10,000 in fines
- 2 year driver’s license suspension
In addition, you will also face the possibility of additional penalties that include:
- Community supervision
- Community service
- Court-ordered substance abuse treatment
- Ignition interlock devices on your vehicles
Any intoxication manslaughter conviction will stay permanently in your public record. With a charge of this magnitude on your record, you will struggle to find employment, rent a dwelling, get into school, or obtain any professional license. As a convicted felon, you will lose several of your constitutional rights, including the right to vote or own a firearm.
An Intoxication Manslaughter Lawyer Will Fight for You
Rest assured that the police and prosecutor will do everything in their power to convict you for this extremely serious charge. The prosecutor will likely encourage you to plead guilty, potentially by offering to limit your prison sentence. Understand, however, that this will not help you avoid the most serious penalties associated with intoxication manslaughter charges.
Randy Isenberg and the criminal defense lawyers at the Law Offices of Randall B. Isenberg do have your best interest – and your future – in mind. An intoxication manslaughter lawyer in Allen, TX will fight in every way possible to protect you and your legal rights.
We will assist you in the following ways:
Investigating & Documenting Your Case
A lawyer from our legal team will immediately go to work investigating your case and obtaining crucial evidence. We carefully evaluate all elements of your case to identify violations of your rights and any errors made during your arrest, processing, and chemical BAC testing.
Developing Aggressive Legal Defense Strategies
Based on our investigation and analysis of your case, we will identify the most appropriate legal strategies for your defense. We will use the evidence and documentation obtained in your investigation to build the strongest, most persuasive case on your behalf.
Negotiating With the Prosecutor
Our primary goal is to get the criminal charges in your case reduced or dismissed. We will negotiate with the prosecutor in an attempt to obtain an acceptable resolution for your case prior to going to court.
Handling Your Driver’s License Suspension Hearing
A critical component of your intoxication manslaughter case is the DMV driver’s license suspension hearing. This hearing provides us with the opportunity to argue against the suspension of your license but, more importantly, it allows us to obtain critical evidence in your case. We also have the opportunity to question the arresting officer and other witnesses under oath during the hearing. Our legal team will use this information to develop legal defense strategies for your criminal case.
If the prosecutor does not agree to an acceptable compromise in your case, we will prepare to defend you in court. Because the prosecutor must meet a high standard of proof to convict you, we will take every possible opportunity to introduce reasonable doubt of your guilt.
Potential Intoxication Manslaughter Defense Strategies
Although a lawyer will develop defense strategies based on the facts and evidence of your case, we have many options to consider.
Some strategies we may use include:
Challenging BAC Testing Equipment & Procedures
All chemical testing, including breathalyzer and blood tests, must follow specific guidelines and laws. Any deviation may provide cause for invalidating the test results. For example, the police must maintain, calibrate, and test breathalyzer equipment according to governing standards. Breathalyzer testing technicians must have specified training and certification and, when administering the test, they must follow established procedures to the letter. Any deviation may provide us with reason to challenge your test results.
Challenging BAC Test Results
A variety of factors can cause a false-positive breathalyzer test result, including some prescription medications, oral care products, foods, and beverages. If the police used blood testing for BAC in your case, our legal team may identify potential contamination of your sample or unreliable results due to factors related to the processing of your sample.
To obtain a conviction in an intoxication manslaughter case, the prosecutor must prove three elements:
- That you were intoxicated at the time of the accident.
- That your intoxication caused the accident.
- That the accident caused the victim’s fatal injury.
Even if the prosecutor can prove your BAC, proving that your intoxication caused the accident and that the accident caused the victim’s fatal injuries – and proving these elements beyond a reasonable doubt – can present a challenge. This can provide our legal team with many opportunities to introduce a critical element of reasonable doubt.
No-Cost Consultation for Intoxication Manslaughter in Allen, TX
Before making any decisions that could affect your entire future, talk to an intoxication manslaughter lawyer in Allen, TX. You need to understand your options so that you can make the best possible decision for your future.
Contact the Law Offices of Randall B. Isenberg now at 214-696-9253 for help.