Houston Intoxicated Manslaughter Lawyer

Texas has independent offenses known as intoxication manslaughter and intoxication assault for situations in which driving while intoxicated causes the serious injury or death of others. Prosecutors tend to be particularly aggressive in these types of cases and a conviction can have devastating consequences for your future, including:

• A prison sentence
• Significant fines and fees
• Loss of your driver’s license
• A permanent felony record that can destroy your career and reputation

Though you may feel as if there is no hope if you’ve been charged with intoxication manslaughter or intoxication assault in Texas, a charge does not have to result in a conviction. Working with an experienced Houston DWI defense attorney can ensure that you obtain the best possible result in your case.

If you have been charged with intoxication manslaughter or assault, you should contact an experienced and skilled Houston DWI attorney as soon as possible following an arrest. Call attorney Ned Barnett today at (713) 222-6767 or contact us online.

Intoxication Manslaughter

Under Texas Penal Code Section 49.08 a person commits an offense of intoxication manslaughter if he or she operates a motor vehicle (or watercraft, aircraft or amusement ride) in a public place while intoxicated and, in so doing, causes the death of another by accident or mistake.

A person is considered legally intoxicated if he or she has a blood alcohol concentration (BAC) of .08 or more. An individual may also be considered intoxicated when the BAC is lower than the legal limit of .08, if the individual has alcohol, a controlled substance, or drug in his or her system that results in the loss of normal use of mental or physical faculties.

In Texas, intoxication manslaughter is an independent offense from the underlying DWI charge. A prosecutor must prove beyond a reasonable doubt that the intoxication caused the death(s) of another, and lack of intent to kill someone while driving under the influence is not a defense.

Intoxication manslaughter is a second-degree felony, which carries a punishment of:

• 2 to 20 years imprisonment
• Up to a $10,000 fine
• Driver’s license suspension of 180 days to 2 years

If convicted of intoxication manslaughter, you could also be required to install an interlock device on your vehicle, perform a minimum of 240 hours of community service, but no more than 800 hours, and be required to complete an alcohol/drug abuse and/or education program.

The offense can be charged as a first-degree felony if the intoxication caused the death of a firefighter, emergency medical services personnel, or police officer while on duty. A first-degree felony carries a punishment of:

• 5 to 99 years or life in a state prison
• Up to a $10,000 fine

Intoxication Assault

Under Texas Penal Code Section 49.07, a person commits an offense of intoxication assault if he or she operates a motor vehicle (or watercraft, aircraft or amusement ride) in a public place while intoxicated and, in so doing, causes serious bodily injury to another.

Texas law defines serious bodily injury as an injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any body part or organ. The injury can be to a passenger of the accused’s vehicle, a passenger of another vehicle, or a pedestrian.

Just like intoxication manslaughter, it is not a defense that the driver did not intend to cause serious injury to another person.

Intoxication assault can be charged as a third-degree felony, which carries a punishment of:

• 2 to 10 years imprisonment
• Up to a $10,000 fine
• Driver’s license suspension of 180 days to 2 years

As with intoxication manslaughter, the penalties of intoxication assault can be enhanced in certain circumstances. If intoxication caused serious bodily injury to a firefighter, emergency medical services personnel, or a police officer while on duty, you can be charged with a second-degree felony. Aggravating factors such as repeat felony offenses, could also increase penalties upon conviction.

Contact a Skilled Houston Intoxicated Manslaughter Lawyer Today

When you are facing serious criminal DWI charges such as intoxication manslaughter or assault, the most important decision you can make is hiring an attorney that you can trust and who will aggressively advocate for you in court.

Houston DWI attorney Ned Barnett has been representing clients in DWI cases for over 20 years and has certifications in DWI field sobriety testing, operation of breath test machines, and gas chromatography, which is the process used in DWI blood tests. He is a founding member of the National College for DUI Defense and has repeatedly demonstrated that he can achieve a positive outcome in even the most serious cases.

As a former state and federal prosecutor in the Houston area, he understands the prosecutor’s perspective and uses that to his client’s advantage. He is recognized as a leader in Texas criminal defense law and he was selected to Super Lawyers as a top rated criminal defense lawyer in 2015.

He has earned an outstanding reputation for having superior ethics and always providing an effective defense strategy for his clients. He believes in providing personal, one-on-one service to his clients and will do everything possible to make the criminal process as successful and painless as possible.

If you have been arrested and charged with a Houston DWI offense, contact the Law Offices of Ned Barnett today at (713) 222-6767 to schedule an appointment to discuss your case.