Tag Archives: DWI

Understanding Intoxication Manslaughter in Texas

In Texas, lawmakers recognize a law, under homicide, for situations where a person is Driving While Intoxicated (DWI) or while drunk and cause another person’s death. This law, in Texas specifically, is known as intoxicated manslaughter. Though other states have a variation of homicide that applies to such cases, Texas is the first station to make intoxicated manslaughter an independent offense from homicide.

DWI & Intoxication Manslaughter Terms

In order to fully grasp what intoxicated manslaughter is, you have to know the terms that it is made up of.

Resources

Houston DWI Lawyer: https://houstondwi.guru/
Texas Intoxication Manslaughter Law:  https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm

Intoxication & Voluntary Intoxication

Illegal drugs and alcohol are often the causes of intoxication, though it can also be as a result of prescription medications, or an intake of a combination of different substances. Individuals who are intoxicated or drunk lack the ability, both mentally and physically, to drive or operate any form of vehicle. It is important to note that you may be intoxicated even without feeling high of drunk. An example of this is if the blood’s level of alcohol is above the legal limit. Thus, even if you aren’t drunk, legally, you are intoxicated.

As you may have noticed, you may be intoxicated without even knowing it. An example of this is when an individual takes prescription medicine that makes them intoxicated. If an individual knowingly gets drunk or high, that’s voluntary intoxication. If the said individual drives while intoxicated and kills someone, he will be considered to have committed a DWI offense. This crime will be considered intoxicated manslaughter.

Drunk Driving in a Vehicle

Intoxicated manslaughter applies when an individual is intoxicated and drives a car or vehicle. Additionally, the law also applies when a person is intoxicated and operates a boat, flies a plane, or operates an amusement or carnival ride.

An example of this is when a person, in the state of Texas, assembles or operates a carnival park ride while intoxicated. If it results in someone’s death, then the person will have committed intoxicated manslaughter.

Death from intoxicated manslaughter

Intoxicated manslaughter is when a person who is intoxicated gets behind the wheel and causes an accident that results in the death of someone. The person killed in the accident can be the passenger in the driver’s vehicle, a pedestrian, or the occupant of another vehicle. Additionally, it is considered intoxicated manslaughter when a person dies from the injury caused by the accident or crash.

DWI Manslaughter Penalties

There are a myriad of penalties that can be imposed on someone if it can be proven that they committed intoxicated manslaughter. The penalties can differ, depending on the circumstances of the case.

DWI-Related Prison Terms

In Texas, intoxicated manslaughter is considered a second-degree felony, and carry a prison sentence between two and twenty years. Intoxicated manslaughter also has a mandatory minimum sentence, which is two years. This means that the person has to serve a minimum of two years before they are eligible for parole.

Fines

In addition to prison sentences, a convict of intoxicated manslaughter will pay significant amounts in fines. Texas has a limit of ten thousand dollars.

Community service

Intoxicated manslaughter also comes with a mandatory community service penalty. The convict must serve at least 240 hours of community service. However, the court may decide to impose up to eight hundred hours of community service. The community service must be served in addition to the prison sentence and the fines.

If you are a resident of Texas and have been charged with intoxicated manslaughter, it is important to look for an attorney that is experienced and well versed in Texas Law. Be it for legal advice or to fight the case. Regardless of the case, you need an attorney that has firsthand experience when dealing with such types of cases.

Premier Defense Lawyers for Brazoria Cases

I know a number of people who have been arrested and poorly represented by their legal representation when their court date finally rolls up on the calendar. I’ve often thought to myself, “I wonder if these people were represented by the right lawyer would of had that cases turn out differently”, in the same remains true of the thoughts that run through my head today. Thus, the drafting and publishing of this article dedicated to helping my friends and Brazoria find the right attorney for their criminal case so that they may get out of the criminal justice system with their freedom intact.

What Most Attorneys Don’t Have

Most attorneys that consider themselves DWI defense lawyers don’t have the credentials that they could have to show their skill and high aptitude in defending persons accused of such crimes. If you’re going to call yourself a DWI lawyer, we feel that it is important that you gain the certifications required to be considered an expert in gas chromatography examinations, as well as a certification with some legal organization that is dedicated to DUI defense is a specialty area of criminal trial lawyer defense litigation.

Most attorneys don’t have such credentials to back up their primary areas of practice; in fact, most attorneys only have the degree that they left school with, which is evidence of the incompetence of most attorneys when it comes to extended training and pursuing expert status in the field that they dedicated their life to. In fact, if they haven’t dedicated their life to being the absolute best attorney that they can be, they probably don’t have any additional certifications and probably shouldn’t have your freedom in their hands.

Choosing The Right Brazoria Attorney

We recommend taking the time to make sure that your lawyer is a ferocious defense lawyer that’s dedicated to a ruthless pursuit of expert level status in their field. Whether were talking about a homicide attorney, a federal tax lawyer, or a criminal defense attorney, they should be the absolute best in their specific niche of law practice.

This is why we recommend the Law Offices of Tad Nelson and Associates’ Brazoria DWI lawyers for all criminal cases involving drunk driving offenses. These people are experts in their field, pursue an advanced educational capacity so that they may become better defense attorneys for their clients. These are the type a lawyers that you should have representing you in the event that you have to appear in court and fight for your freedom.