If someone dies from an accident you caused while driving drunk in Rockwall, you will face intoxication manslaughter charges. Upon conviction, you will lose your license and pay a substantial fine — and potentially spend years or decades in prison.
The cost of an intoxication manslaughter conviction is much too high to face on your own. An intoxication manslaughter lawyer in Rockwall will protect your rights and fight for your freedom.
Contact the Law Offices of Randall B. Isenberg today to schedule a no-cost consultation: 214-696-9253.
What Can an Intoxication Manslaughter Lawyer Do for Me?
When facing any criminal charges, having a lawyer is the best way to protect your legal rights. When you face serious charges like intoxication manslaughter, a lawyer is your best hope for staying out of prison because, upon conviction, you will go to jail for anywhere between two and 20 years.
In addition to protecting your rights, your lawyer will help you explore your options, and ensure that you understand how each one may affect your future.
We will immediately go to work analyzing the evidence and looking for any potential mistakes or weaknesses in the prosecutor’s case. In some cases, we may be able to intervene with the prosecutor and negotiate the reduction of your charges to a less severe crime. If the police make any significant errors during your arrest, your lawyer could potentially even convince the prosecutor or the court to dismiss your case.
In some cases, however, your intoxication manslaughter attorney may have to build a case for defending you in court. Because the prosecution must meet a high burden of proof, we will work to establish reasonable doubt of your guilt.
Having an attorney who understands the Texas criminal process from the prosecutor’s perspective can give you a powerful advantage. Randall Isenberg spent parts of his time in the justice system as both a prosecutor and judge, so he has the experience you need.
How Long Will I Go to Jail for Intoxication Manslaughter?
You could end up spending your life in prison. This offense carries felony charges in the second degree, which qualifies for penalties including:
- Up to $10,000 in fines
- 2 to 20 years in prison (up to 99 years in prison if the victim was a first responder)
- A potential 2-year suspension of your driver’s license
- Up to 1,000 hours of community service
- Mandatory attendance at an alcohol education program
- Ignition interlock installation on your car
- Court costs and fees
If your case involved aggravating circumstances — such as an open container, a minor passenger (under age 15), or a BAC of 0.15 or higher — you will face even more serious charges and penalties.
After a felony conviction, you will permanently lose your right to vote, sit on a jury, or own or possess a firearm. You will not be able to obtain a hunting license or most types of professional licensure, such as a real estate license or teaching certificate.
Finally, an intoxication manslaughter conviction will leave you with a permanent criminal record, which can make it difficult or impossible to get a job or rent an apartment.
How Will My Intoxication Manslaughter Lawyer Fight the Charges?
A prosecutor will only be able to pursue intoxication manslaughter charges if someone died in connection with your drug driving incident.
For an intoxication manslaughter conviction, the jury must find that you:
- Drove a car in a public place while legally intoxicated (i.e., had a blood alcohol concentration [BAC] of at least 0.08); and
- Caused an accident that led to a fatality.
Your lawyer will search for any potential errors the police made during your arrest and processing. Although the statutes require that all drivers involved with a serious or fatal accident submit to chemical testing for BAC, any evidence the police gather might be inadmissible if they violate your Constitutional rights or mishandle any part of the process.
It is important that you realize that a seemingly damaging BAC test result does not guarantee a conviction. The prosecutor must still make his case for guilt beyond a reasonable doubt.
Your lawyer may use one or more of the following arguments to establish that all-important reasonable doubt.
It is possible that the police failed to establish probable cause for requesting a formal breathalyzer or blood test for BAC. This can occur if the police fail to follow protocols for field sobriety testing established by the National Highway Traffic Safety Administration (NHTSA).
Your lawyer may attempt to demonstrate that you were not at fault for the accident in question. You may have committed DWI but that does not prove you caused the accident or committed manslaughter.
It is also possible that, even if you caused the accident, the accident did not cause the fatality. The prosecutor must present evidence that proves beyond a reasonable doubt that your actions caused the accident and that the accident caused the fatality. Sometimes that may be more difficult than you might think.
In some cases, your lawyer may assert that the prosecutor has no proof of your legal impairment at the time of the accident. Chemical testing for BAC can only prove impairment at the time of the test.
The NHTSA and the Texas Administrative Code both establish guidelines for BAC testing. If the police failed to follow these guidelines, it may invalidate BAC test results.
We may use these or any number of other legal strategies to make a case in your defense.
Meet with a Rockwall Intoxication Manslaughter Attorney at No Cost
Do not answer questions, make a statement, or make any decisions about your intoxication manslaughter charges until you talk to a lawyer to learn what your options are.
Attorney Randall Isenberg can bring more than 30 years of experience to your case, including time spent as a district court judge and a felony prosecutor. This insider’s knowledge can make all the difference in the outcome of your case.
The Law Offices of Randall B. Isenberg will provide a no-cost consultation with a Rockwall intoxication manslaughter lawyer. This will help you get all your questions answered and make a more informed decision about your future. Call today at 214-696-9253.