Intoxication Manslaughter

How much time can I get if I am drunk and have an accident and someone dies?

Intoxication Manslaughter is a felony drunk driving offense. A conviction can result in penalties of not less than two years and up to 20 years in prison, and/or a $10,000 fine, or probation for five years to 10 years and a mandatory driver’s license suspension.

Texas Penal Code Section 49.08. INTOXICATION MANSLAUGHTER. (a) A person commits an offense if the person: (1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and (2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake. (b) Except as provided by Section 49.09, an offense under this section is a felony of the second degree.

The District Attorney must prove that you were driving while intoxicated and that your intoxication caused the death of another by accident or mistake.


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