Intoxication manslaughter or DWI manslaughter is a serious charge in Texas when a person causes the death of another while operating a vehicle, plane, boat, or amusement ride in public while intoxicated.
It is classed as a felony charge, the punishment for which can be up to twenty years in prison, a $10,000 fine, license suspension of up to two years, and a permanent criminal record, per Texas Penal Code Title 3 § 12.33. Unlike other DWI charges, intoxication in a manslaughter case only has to be established as a cause of death, not the sole cause of death.
Furthermore, if more than one person died, the judge can ‘stack’ sentences, so you could be charged with one count for each person who lost their life, resulting in a longer prison sentence. With your future at stake, it is advisable to seek legal representation as soon as possible after a DWI manslaughter arrest.
An Arlington intoxication manslaughter lawyer will evaluate the evidence against you and investigate the accident thoroughly. This service could help you get a probation sentence. While you will still need to serve 120 days in jail, pay fines, court fees, and probation fees under Texas Code of Criminal Procedure Title 1, Chapter 42A, it is better than serving a lengthy prison sentence.
Contact the Law Offices of Randall B. Isenberg at (214) 696-9253 today so that we can discuss your options in a free legal evaluation.
Arlington Intoxication Manslaughter Lawyer at Your Side
DWI charges involving the death of another person are considered a criminal homicide, defined under the Texas Penal Code Title 10 § 49.08 as intoxication manslaughter if a person:
“(1) Operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assemble a mobile amusement ride; and (2) is intoxicated and by reason of that intoxication cause the death of another by accident or mistake.”
The term “intoxicated” in this case is when someone:
• Lacks the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or
• has a blood alcohol concentration of 0.08% or higher.
Although similar to intoxication assault, intoxication manslaughter is a separate offense as it is a strict liability offense, meaning the prosecutor is not required to prove that you acted with any specific intent.
Charges can be further enhanced to a felony in the first degree (the most severe charge) if the victim was an emergency medical technician, police officer, or firefighter struck while in service of their duties. In the event of more than one person dying, you can be charged with an additional count of manslaughter for each fatality.
Facing such serious charges requires aggressive legal representation and considerable court experience in criminal defense for DWI manslaughter cases. Before hiring an attorney, it can be beneficial to ensure they can provide:
• Proven history of defending similar cases
• Examples of results gained through defense strategies in similar cases
• Well-seasoned negotiation skills and courtroom experience
• Positive client testimonials
• A strong focus on criminal defense
It is during this critical time in your life that the right legal representation can be invaluable. It is vital to choose an Arlington intoxication manslaughter lawyer who is up to the task and will pull out all the stops when mounting your defense.
Manslaughter Assault Charges Can Be Defended
It is important to consider the impact of a DWI manslaughter charge on both your future and your family. Although the accident was likely unintentional, at this most difficult and challenging time, you may feel you are in an impossible situation. Working with an Arlington intoxication manslaughter lawyer to plan a defense could mean a huge difference to the employment opportunities, voting rights, and housing applications ahead of you.
Common strategies for defending DWI manslaughter center on challenging the evidence the prosecution has against you, including proving:
• The victim contributed to or caused the accident.
• Field sobriety tests were unreliable indicators of intoxication.
• Filing a motion to suppress evidence that was incorrectly acquired or collected.
• Blood test evidence was inaccurate, or the tests improperly conducted.
The critical thing to consider, however, is seeking intervention from a criminal defense attorney quickly. With the aid of a criminal defense attorney, evidence can be preserved that will help your case. Your Arlington intoxication manslaughter lawyer can:
• Request an independent blood test to compare with the police results.
• Retain expert witnesses who can demonstrate discrepancies in blood alcohol concentration (BAC) readings that can affect the accuracy of the results.
• Challenge the effectiveness of the machinery used to perform the test.
• Provide access to accident reconstruction experts to determine the cause of the collision.
If you or a loved one is facing charges of DWI manslaughter, contact the Law Offices of Randall B. Isenberg at (214) 696-9253 today. We can help you build a defense today.
Evaluate Your Case with an Experienced Defense Attorney
With over three decades of experience, Randy Isenberg has a high standing with the American Bar and is listed in Martindale-Hubbell’s Bar Register of Preeminent Lawyers. His previous roles as both former state district judge and former chief felony prosecutor makes him uniquely equipped to advocate on behalf of his clients in matters of criminal defense for DWI manslaughter.
If you or a loved one has been arrested for intoxication manslaughter charges, speak to the Law Offices of Randall B. Isenberg at (214) 696-9253 today. We are ready to stand at your side and offer the support and legal representation required in such cases.