Intoxication Manslaughter Lawyer in Denton
Even if your prison sentence is only a few years, a felony conviction will impact your life for years to come. Your permanent criminal record as a felon will significantly hinder your ability to get a job or rent an apartment, and it could even interfere with your parental rights.
Attorney Randall B. Isenberg, of the Law Offices of Randall B. Isenberg, has more than 30 years of experience in the Texas criminal justice system. Having worked as a state district court judge, chief felony prosecutor, and criminal defense lawyer, his experience extends across both sides of the legal system.
Based on the seriousness of your charges, you need an intoxication manslaughter lawyer in Denton who will fight aggressively and tirelessly for your freedom and your future. Contact us today at 214-696-9253 for help from our DWI defense team.
What Is Intoxication Manslaughter?
If you drive drunk and cause an accident that results in a fatality, the prosecutor may pursue intoxication manslaughter charges.
State laws emphasize the accidental nature of this offense, which requires that you drive a vehicle in a public place—or fly a plane, run a carnival ride, or operate a boat —while meeting the legal standard for intoxication.
Intoxication requires a blood alcohol concentration (BAC) of 0.08 or above. Extreme intoxication, which will increase the severity of the charges you face, requires a BAC of 0.15 or above.
The victim could be anyone, such as another motorist, a pedestrian, bystander, or even a passenger in your own vehicle.
What Are the Penalties for a Conviction?
You will face a second-degree felony charge for a basic intoxication manslaughter offense. This carries a two-year minimum prison sentence, with the potential for 20 years behind bars.
You will have to pay up to $10,000 in fines. You may also face supervised probation, hours of community service, and monitored drug and alcohol screenings. You might also have to attend court-mandated alcohol education and rehabilitation programs. You must pay all court costs and fees, and the court may compel you to pay restitution for the harm you caused.
Finally, you will face other DWI penalties, including losing your driver’s license for at least one year, or two years if you have any prior DWI convictions.
If the prosecutor can prove the presence of any aggravating circumstances—such as having an open container, a minor passenger, a prior DWI conviction, or a BAC if 0.15 or more—you could face additional charges.
Why Do I Need an Intoxication Manslaughter Lawyer?
Before you answer any questions or give any statements to the police or prosecutor—and definitely before you make any decisions that could compromise your future—talk to one of our lawyers.
Our legal team understands how frightening and overwhelming this all seems. We also understand that you need someone on your side to fight for you and protect your legal rights.
The first thing we will do is ensure that you understand the legal implications of the charges you face and how they could affect you. We will also make sure you understand all of your options, so you can make informed choices.
We will begin by analyzing the evidence in your case. Using our resources, we may be able to uncover additional evidence that could help you and identify any potential violations of your legal rights or police errors that could impact your case.
We can use this information as leverage to negotiate with the prosecutor to potentially get your charges reduced or even dismissed.
What Legal Strategies Can a Lawyer Use in My Defense?
Regardless of the charges against you, you have legal rights the police cannot violate. The prosecutor must meet a high burden of proof to get a conviction for intoxication manslaughter. This gives our legal team many potential legal strategies for your defense.
Improper BAC Testing
All chemical testing and analysis must comply with governing laws and standards. Both state and federal agencies have published guidelines for BAC testing. Any deviation from these standards can help us make your case in court.
For example, if you submitted to breathalyzer testing, the testing equipment must meet the standards for maintenance, calibration, testing, and certification. Likewise, the testing technician must meet required training and certification standards. If you submitted to blood testing, the lab must meet the necessary requirements. The handling of your sample is also subject to regulations.
Lack of Legal Impairment
You may have tested at or above the statutory limit for intoxication at the time authorities administered your test, but that does not mean you exceeded the limit at the time of the accident. The burden is on the prosecutor to prove that fact.
Lack of Fault for the Accident
Even if your BAC exceeded the legal limit for impairment, that does not mean you caused the accident in question. The prosecutor must prove that you met the statutory definition for DWI and you caused the accident that resulted in a fatality.
Alternative Causes of Death
If the prosecutor can prove that you drove drunk and caused an accident, that does not automatically prove that the resulting fatality occurred as a direct result of the crash. We can often argue that, although a tragedy, the fatality occurred due to another cause, such as a pre-existing medical condition.
Our team will build your defense based on the facts and evidence in your case. Let us help achieve the best possible outcome for you.
Call Now to Talk to an Intoxication Manslaughter Lawyer in Denton.
To help you decide the right course for you and your future, the Law Offices of Randall B. Isenberg will provide you with a free, no-obligation consultation and case review. This will allow you to ask any questions you have and make the best decision for your future.
Contact us today at 214-696-9253 for help.