DWI Attorney Explains Intoxication Manslaughter
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 imprisonment 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 exceed $10,000.