Understanding Intoxication Manslaughter Sentence in Texas

• What Is Intoxication Manslaughter?
• Proving an Intoxication Manslaughter Charge
• Penalties and Sentences
• Enhanced Penalties
• Factors that Can Affect Your Manslaughter Case
• Take Action: McAllen Criminal Defense Lawyer

What Is Intoxication Manslaughter?

In Texas, Intoxication manslaughter is defined as causing the death of another person as a result of operating a vehicle, aircraft, watercraft or an amusement ride while intoxicated. This involves any circumstances such as driving under the influence of alcohol or drugs which end in a fatal auto or water related accidents. Examples could be Driving While Intoxicated (DWI) or Boating While Intoxicated (BWI).


According to the law of Texas, DWI and Intoxication Manslaughter are categorized as entirely distinct offenses from intoxication manslaughter, the latter described as a more serious crime. In vehicular manslaughter cases, this is a lighter sentence than intoxication manslaughter because it doesn’t involve driving under impairment.

Proving an Intoxication Manslaughter Charge

To get a conviction in Texas on a DUI charge, the prosecution must demonstrate beyond reasonable doubt a number of key elements.

1. The first requirement would be to show that the defendant was driving the vehicle, aircraft, watercraft, or amusement ride while drunk or under the influence of illegal drugs. This, one way or another, relates to the usage of a motor vehicle, may it was moving or not. This implies that regardless of whether the vehicle was stationary at the time of the accident or not, if the driver was drunk and could drive it if they wanted to, they will still be charged with intoxication manslaughter.
2. Furthermore, the prosecutor has to prove that the defendant was legally intoxicated at the time of the crime defined by the state of Texas as having a blood alcohol concentration of 0.08 or more%, or unlike normal someone in terms of mental and physical abilities because of consumption of alcohol, controlled substances, drugs, or mixtures of these substances. The evidence can be of the breath test, blood test, field, sobriety, and witness testimony which are directed to demonstrate alcohol, drugs, and or a mix of the two intoxications respectively (DWI).
3. The last piece of the prosecution puzzle is proving that drinking alcohol played a substantial role in the death of another person. It is not just because of individuals under the influence to be the only cause of an accident but one which must be considered as a factor that contributes directly and significantly to the eventual outcome. The prosecution should establish beyond reasonable doubt that it was the impairment of the defendant which led to the accident and ultimately death, via means of accident reconstruction, witness statements and expert evidence on the effects of the substance on the defendant’s ability to operate the vehicle with care. This causation element is crucial in distinguishing intoxication manslaughter from other vehicular-related offenses where death occurs.

An Intoxication Manslaughter Attorney  can help navigate these complex legal elements and build a strong defense against the charges. With their expertise in handling similar cases, they can challenge the prosecution's evidence and witness statements, as well as explore any potential defenses such as involuntary intoxication or lack of causation.

Penalties and Sentences

Under the Texas Penal Code §49.08, intoxication manslaughter is classified as a second-degree felony. Individuals convicted of intoxicated manslaughter in Texas face considerable legal consequences. The specifics include:

• Prison Time: A typical sentence ranges from 2 to 20 years in the Texas Department of Criminal Justice. This wide range allows courts to tailor sentences based on the circumstances surrounding each case, including the defendant's criminal history and the specifics of the incident.
• Financial Penalties: Convicts may also be fined up to $10,000. This fine is in addition to any restitution that may be ordered to compensate the victim's family or cover other costs related to the incident.
• Community Service: A mandatory minimum of 240 hours of community service is required, with the possibility of up to 800 hours, emphasizing the state's intent to instill a sense of responsibility and remorse in the convict.
• License Suspension: Convicts face a suspension of driving privileges for a determined period, further underscoring the serious consequences of driving under the influence.
• Ignition Interlock Device: Individuals convicted of intoxication manslaughter may be required to install an ignition interlock device in their vehicle for a period of time after license reinstatement.

Enhanced Penalties

The state of Texas provides for enhanced penalties under certain conditions, such as if the victim was a police officer, firefighter, judge, or emergency medical personnel. These enhancements reflect the added severity when the individuals who serve to protect and assist the community are endangered or killed.


Facing an intoxication manslaughter charge in Texas is a serious and daunting prospect. This charge is levied against individuals accused of causing the death of another person as a direct result of operating a vehicle while intoxicated. What sets intoxication manslaughter apart from other forms of vehicular manslaughter is the element of alcohol or drugs.

The law recognizes the elevated risk and potential for harm that comes with driving under the influence, treating these cases with a heightened level of severity. Individuals facing this charge should seek legal representation immediately, as the outcomes of these cases can significantly impact one's future, freedom, and financial stability.

Factors that Can Affect Your Manslaughter Case

Several factors can significantly influence the outcome of an intoxication manslaughter conviction in Texas. These include:

• Previous Criminal Record: Individuals with prior convictions, especially those related to DUI or other criminal activities, may face harsher sentences.
• Level of Intoxication: The higher the blood alcohol concentration (BAC) at the time of the incident, the more severe the potential penalties, as it indicates a greater level of recklessness.
• Cooperation with Law Enforcement: Demonstrating cooperation and respect towards law enforcement officials during and after the incident can sometimes influence the case's outcome positively.
• Witness Testimonies: Eyewitness accounts of the incident can either mitigate or exacerbate the charges, depending on the nature of the testimonies.
• Quality of Legal Representation: The expertise and strategy of the legal representation can greatly affect the case's resolution. A skilled defense attorney can negotiate plea deals, challenge evidence, and represent the defendant's interests more effectively.

Understanding these factors is crucial for anyone facing an intoxication manslaughter case, as they can inform the defense strategy and potentially mitigate the consequences.

Take Action: McAllen Criminal Defense Lawyer

Intoxication manslaughter is a grave offense in Texas, reflecting the potential harm caused by impaired driving. The state's legal system treats such cases with utmost seriousness, imposing heavy penalties on those convicted. It's a stark reminder of the responsibilities that come with operating any vehicle and the importance of adhering to laws designed to protect all individuals on the road.


If you or someone you know is confronting intoxication manslaughter charges in Texas, don't navigate the legal process alone. Contact a reputable criminal defense attorney at The Law Office of Rolando Cantu to safeguard your rights and explore defense options tailored to your case. Our team is dedicated to providing compassionate yet aggressive representation, ensuring the best possible outcome for our clients. Don't delay—schedule a consultation today to take the first step toward protecting your future.