If you’re arrested for intoxication manslaughter in DeSoto, Texas, it is imperative to secure a criminal defense lawyer with experience tackling intoxication manslaughter cases. Chances are prosecutors are already working with law enforcement to build a case against you. If sentenced, you could face harsh penalties that could include up to a 20-year prison term and exorbitant fines.
Our DeSoto, TX intoxication manslaughter lawyer will fight your charges with an airtight defense plan. Contact the Law Offices of Randall B. Isenberg now so we can investigate what happened, preserve critical evidence, and begin building your case.
What Is Meant by Intoxication Manslaughter in Texas?
Texas is the only state with an independent category of homicide exclusively pertaining to intoxicated drivers operating a motor vehicle that causes an accident and kills someone. This category is known as intoxication manslaughter and is tried as a second-degree felony. Two core elements characterize this offense:
- The driver must operate a vehicle — motor vehicle, aircraft, watercraft, or amusement park ride — in public while legally intoxicated.
- The intoxication must be responsible for the victim’s death.
Intoxicated, legally, refers to having your mental or physical faculties impacted due to:
- The introduction of alcohol
- A controlled substance
- A legal or dangerous drug
- A combination of substances
- Having a blood alcohol concentration of 0.08 or more.
This means you can be considered intoxicated even if certain prescription drugs are found in your system. The prosecutor must also be able to prove beyond a reasonable doubt that the intoxication directly caused the victim’s death. For example, if you were driving while intoxicated and another driver sped through a red light and collided with you, your intoxication may not be the cause of the driver’s demise.
Intoxication Manslaughter vs. Murder
Also, intoxication manslaughter only applies when the death results from an accident or mistake. Getting drunk with the intention to murder someone later is not intoxication manslaughter since it was premeditated, not accidental.
Intoxication Manslaughter Comes with Serious Repercussions
Taking another person’s life is considered one of Texas’s most heinous crimes, hence the steep penalties. Since intoxication manslaughter is classified as a second-degree felony, here are the penalties you may face:
- Prison: This offense comes with a lengthy prison sentence ranging from 2 to 20 years.
- Fines: You may be charged a fine of up to $10,000.
- Community service: You may be required to serve at least 240 hours to a maximum of 800 hours of community service.
You may also face administrative penalties such as:
- Having an Ignition Interlock device (IID) installed on all your vehicles
- Administrative fees and court fees
- Attending a DWI education course
- Random drug and alcohol testing
- Completing a drug or alcohol treatment program
If certain factors are present in your case, your felony charge may change to first-degree, which means you could face life imprisonment. These factors include:
- Having a BAC level of 0.15 or higher
- Having a minor present in the vehicle
- Having an open container with alcohol in the vehicle
- Having a prior DWI, intoxication assault, or manslaughter conviction on your record
- The victim was a police officer, medical personnel, or a firefighter
Additional Consequences of an Intoxication Manslaughter Conviction
Further, having an intoxication manslaughter conviction on your record can open you up to a lifetime of struggle in terms of stunted career opportunities, inability to secure a mortgage or loan, and significant damage to your reputation.
Our Firm Is Ready to Fight for You
You’re innocent until proven guilty. Don’t lose hope — with the right lawyer, you may be able to beat your charges. Our attorney will use the weaknesses in testimonies, the prosecutor’s arguments, and evidence to bring you the best possible results in your case. Trust us to work hard to protect your rights and freedom to the best of our ability.
How Our DeSoto, TX Intoxication Manslaughter Lawyer Will Fight to Beat Your Charges
An essential part of successfully defeating your looming intoxication manslaughter charges comes down to proving your intoxication was not directly responsible for the victim’s death. We may use hard evidence such as video footage or eyewitness testimony to prove this, or we will rely on establishing reasonable doubt about the accident’s circumstances. For example, we may be able to show that:
- The deceased explicitly violated traffic rules, which put them at risk of a collision.
- The victim died due to another factor, such as a medical condition.
- The road or weather conditions were bad, which contributed to the crash.
We will thoroughly investigate the accident and review all evidence we have to understand how the accident occurred. We may also employ medical experts and accident reconstructionists to provide their valuable testimonies regarding the case.
Depending on the circumstances, we may also challenge the field sobriety, breathalyzer, and blood tests, as administering them incorrectly can taint results.
Plus, certain preexisting medical conditions and failing to recalibrate the machine can hinder the result’s validity. We can use many possible defense strategies to help those wrongly accused of intoxication manslaughter beat their charges. We will determine what defenses are appropriate in your case and use them to fight for the outcome you deserve.
Call Now for Your Free Consultation Regarding Your Dallas County Case
Being arrested can be a scary experience, but the weight of the arrest can seem more crumbling if the accident causes someone’s death. If you’ve been charged with intoxication manslaughter, stay hopeful but do not try to fight for your freedom alone.
Call now for legal counsel dedicated to using extensive trial experience, knowledge, and resources to construct an evidence-backed defense strategy. Your case will be tailored to bring you a fair result. A team member from the Law Offices of Randall B. Isenberg is standing by to take your call and inform you of your options. We want to help you move forward from this harrowing experience and get your life back.
