Intoxication manslaughter is one of the more serious DWI-related offenses. If you have been charged with intoxication manslaughter, you should reach out to an experienced Frisco DWI lawyer.
What Constitutes Intoxication Manslaughter in Frisco, Texas?
Under Texas law, intoxication manslaughter is when an individual causes the death of another person by accident or mistake while operating a vehicle in a public place while intoxicated (DWI), boating while intoxicated (BWI), flying an aircraft while intoxicated (FWI), or operating or assembling an amusement ride while intoxicated. In simple terms, you will be charged with intoxication and manslaughter if you kill someone while driving drunk. You can be charged with intoxication manslaughter, whether it was your passenger or another individual that was killed in the accident.
You are legally intoxicated in Texas when you have a blood alcohol concentration (BAC) of 0.08 percent or above, or you do not have normal use of your mental or physical capabilities because of alcohol or a controlled substance.
Intoxication manslaughter is different from murder because it does not require any proof of premeditation or intent to kill. The state only must prove the defendant acted recklessly by operating a vehicle in a public place while intoxicated and that their reckless action caused another person’s death.
What are the Penalties for Intoxication Manslaughter in Frisco, Texas?
In Texas, intoxication manslaughter is classified as a second-degree felony and carries severe penalties, including prison time, fines, community service, and driving restrictions.
• Prison Time. You will face between two and twenty years in prison. Even if you are granted probation, you must serve a minimum 120-day jail sentence. If you were driving your vehicle in a manner that made it a deadly weapon, good time credit for early release cannot be considered until you have completed half of the sentence.
• Fines. You may be fined up to $10,000.
• Community Service. You may be required to complete between 240 and 800 hours of community service.
• Driving Restrictions. Your license will be suspended from 180 days to up to 2 years. In addition, you will be charged an annual $1,000 to $2,000 surcharge for three years after being convicted to retain your license. You will also be required to install an ignition interlock device as a condition of the bond. This device determines the presence of alcohol in your breath. If it reaches a certain level, the vehicle is temporarily disabled.
Under certain circumstances, intoxication manslaughter can be enhanced to a first-degree felony in Frisco. First-degree felonies are punishable by up to life in prison and up to $10,000 in fines. Factors that could enhance your penalty are listed below.
• An on-duty police officer, firefighter, or emergency personnel worker was killed;
• Your BAC at the time of the accident was 0.15 or higher;
• You have a prior DWI conviction;
• You have a prior intoxication manslaughter conviction;
• There was a minor child in your vehicle; or
• There was an open container in your vehicle.
How Do You Beat Intoxication Manslaughter Charges in Frisco, Texas?
It is possible to beat intoxication manslaughter charges in Frisco. If you have an arrested on intoxication manslaughter charges, you should contact an aggressive Frisco criminal defense lawyer. Don’t feel pressured to speak to investigators or plead guilty before speaking to a lawyer.
Your attorney will complete an exhaustive investigation of the accident. They will gather and review all relevant evidence, including police reports, medical records, and witness interviews. Your lawyer will build your defense based on the unique facts of your case. Two common defenses to intoxication manslaughter charges in Frisco are listed below.
1. The defendant was not intoxicated at the time of the accident. Your attorney can challenge the validity of any sobriety field tests, breathalyzer tests, and blood tests that the police administered.
2. The accident was not caused by the defendant’s intoxication. Your attorney can analyze the evidence and work with other experts, such as an accident reconstructionist, to prove that the accident was caused by factors other than your intoxication. For example, may the other driver ran a red light, the death would have occurred regardless of whether your BAC was .08. In these circumstances, you could be charged with DWI but not the much more severe crime of intoxication manslaughter.
Speak to a Criminal Defense Lawyer
If you have been accused of intoxication manslaughter, you should not delay in reaching out to a local criminal defense attorney. Philip D. Ray is an experienced criminal defense attorney and former prosecutor based in the Dallas-Fort Worth Metroplex area who will provide you with an aggressive defense. Call The Law Offices of Philip D. Ray at (469) 588-6770 for a consultation.