Intoxication Manslaughter

A Second Degree Felony

This is by far the most tragic DWI classification. However, just as with Intoxication Assault, in defense of the criminally charged, even sober people unfortunately endure accidents which result in the death of one of the participants. This unfortunate event should not be a controlling issue in the DWI allegation.

Texas Penal Code section 49.08 regarding Intoxication Manslaughter states:

A person commits an offense if the person operates a motor vehicle in a public place...and is intoxicated and by reason of that intoxication causes the death of another by accident or mistake. Except as provided by Section 49.09, an offense under this section is a felony of the second degree.

With a second degree felony an individual adjudged guilty of a felony of the second degree shall be punished by improsinment in the institutional division (penitentiary) for any term of not more than 20 years or less than 2 years. In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exced $10,000.

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I represent clients from Tyler, Texas, and throughout the surrounding areas, including the cities of Longview, Lufkin, Nacogdoches, Athens, Canton and Marshall; Rusk County, Smith County, Cherokee County, Gregg County, Harrison County, Henderson County, Hunt County, Kaufman County, Jefferson County, Panola County, Navarro County, Van Zandt County, Angelina County, Anderson County, Wood County, Upshur County, Marion County, Hopkins County, Cass County, and throughout East Texas.