Intoxication manslaughter under Texas Penal Code §49.08 is charged when a person operates a vehicle while intoxicated and causes the death of another person. It is a second-degree felony carrying 2 to 20 years in prison and fines up to $10,000. If the person who died was a peace officer, firefighter, or EMS employee acting in the line of duty, the charge elevates to a first-degree felony carrying 5 to 99 years or life in prison. These are among the most aggressively prosecuted cases in the Texas court system, and the pressure on defendants to accept unfavorable plea offers is significant. You have 15 days from arrest to request an ALR hearing.
David Smith is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Brazoria County prosecutor. Intoxication manslaughter cases are built on toxicology evidence, accident reconstruction, autopsy findings, and witness testimony, all of which require scrutiny that goes far beyond reviewing a police report. He understands how the state assembles these cases because we built them. The causation element, the toxicology evidence, and the accident reconstruction are each independently challengeable, and the quality of the defense strategy from day one determines the available options at every stage that follows. Contact our firm today for a free consultation.
Intoxication manslaughter carries a sentencing range that begins at 2 years in prison and reaches 20 years. When a first-degree enhancement applies, it can mean life imprisonment. The state will bring its most experienced prosecutors to these cases and will invest significant resources in accident reconstruction, toxicology expert testimony, and victim impact evidence. The only effective response is a defense that matches that level of preparation from the earliest possible stage, starting with an independent investigation before evidence changes or disappears.
Our defense in intoxication manslaughter cases addresses every element the state must prove and several it assumes without adequate proof. We focus on:
As part of a DWI sentence or plea agreement in Texas, courts frequently order the installation of an Ignition Interlock Device (IID) , a breath-testing instrument connected to your vehicle’s ignition that requires a clean breath sample before the engine will start. For clients in the Greater Houston area, David Smith Law Firm has arranged access to SmartStart IID services, including a free first month for qualifying clients.
Choosing a reliable IID provider matters. Non-compliance with IID requirements including missed calibration appointments or tampered devices can result in additional criminal penalties or probation violations. SmartStart provides 24/7 support and is available across Houston and Harris County.
