Intoxication Manslaughter
Intoxication manslaughter is a felony DWI offense that is brought against an individual who has killed another while intoxicated and operating a car or other motorized vehicle. In some states, if someone is accused of causing the death of another while driving while intoxicated, the charge would be categorized as vehicular manslaughter. In such a case, there must be proof of negligence along with showing that the defendant was intoxicated and operating the vehicle that led to the victim’s death.
In Texas, the district attorney has a lesser obligation to prove negligence. All that must be proven is that the accused person was operating a motorized vehicle, intoxicated, and that this caused the death of a person.
Types of Intoxication Manslaughter
In Texas, intoxication manslaughter does not only apply to automobile drivers. Individuals may be charged with this crime under any of the following circumstances:
- If they are operating a car, truck, motorcycle, or any other type of motorized vehicle in a public place
- If they are operating a boat, airplane, or amusement park ride
- If they assemble an amusement park ride
If the alleged offender has done any of these things while intoxicated, and someone was killed by the vehicle they were operating or had assembled, they can be convicted of intoxication manslaughter. There is no requirement that the prosecutor prove negligence, that their intoxication was the direct cause of the crash, or that they were behaving unlawfully by using the substance that caused their intoxication.
Contact Us
Intoxication manslaughter is a very serious charge and a conviction could lead to substantial punishments. The San Antonio felony DWI attorney at the Law Offices of Chris S. Barnett can assist you in making sure that your rights are protected and that incorrect or misleading evidence does not lead to an unjust conviction or sentencing in your case. Contact us at 210-587-6464 to discuss your case.
