There are myriads of criminal charges under state laws in the state of the Texas, but intoxication manslaughter is thought to be one of the most difficult to defend against. This is because the consequences of these criminal charges are always extremely severe for all the individuals involved in the case. Additionally, there is always massive media coverage for these cases unlike any other criminal charges with numerous groups against drunk driving such as Mothers Against Drunk Driving (MADD) pushing for the fullest extent of the law to be felt by the offenders. It’s for this reason that a person convicted with intoxication manslaughter will need the services of an experienced DWI attorney who is well versed with all attributes concerning Texas law on intoxication manslaughter. Apart from that, the attorney should be able to have a clear understanding how both the investigation and prosecution is being carried out.
Driving while intoxicated
Driving under the influence of alcohol has severe repercussions. Someone will always end up dead or even the driver dying due to a crush. This is a common occurrence in the state of Texas with someone being arrested after every 20 minutes due to drinking and driving. Basically, judgmental impairment always begins when one consumes the first drink. Even so, there are numerous factors that affect your body’s ability to handle alcohol. Such factors include your gender, quantity of drinks consumed, your body weight, and the amount of food consumed.
What is intoxication manslaughter in Texas?
So what is intoxication manslaughter in the state of Texas?
How does Texas law define intoxication manslaughter?
Before going into the definition, it’s of utter important to take note that vehicular manslaughter or manslaughter are totally different from intoxication manslaughter in that the two require some proof of reckless driving or act but the latter requires proof beyond any reasonable doubt by the state to proof that the defendant was recklessly driving the vehicle in a public place. Intoxication manslaughter can be defined simply as an offense that causes death to another person by driving in an intoxicated state. It is a second degree offense in the state of Texas and the punishment is a prison term ranging between 2 to 20 years.
The Law on DWI in Texas
According to Texas law, a person can be arrested and finally charged for driving while intoxicated (DWI) with a blood or breath concentration level of 0.08 BAC. Additionally, one can be fined as much as $500 for having an open container with alcohol. This applies to both the driver of the vehicle or the passenger. Additionally, one can be charged for driving while intoxicated with a child passenger. The child should be younger than 15 years and the punishment is a $10,000 fine or a term of up to 2 years in a state jail. Also, you are liable to lose your driving license for 180 days.
So how do you stay safe from intoxication manslaughter and DWI charges?
Well here are a few pointers:
- Avoid drinking and driving
- Always designate a driver once you are drunk
- Call a cab once you have consumed alcohol
- If possible, try to spend the night where you are.