What to Expect From an Intoxication Manslaughter Charge

 Posted on November 14, 2025 in Criminal Defense

When a drunk driving incident results in somebody else’s death, the offender could be charged with intoxication manslaughter, a serious crime under Texas law. If you are not familiar with the legal proceedings involved in these kinds of cases, you might be overwhelmed by the pressure put on you by law enforcement and prosecutors. A Marble Falls, TX intoxication manslaughter defense lawyer can advise you of how to respond to the charges against you and help you strategize in court.

At the Law Office of Russ Alan Baker, PLLC, we are uniquely qualified to handle drunk driving cases, including charges of intoxication manslaughter. Attorney Baker has an educational background in biology, allowing him to closely scrutinize the administration of blood and breath tests to determine sobriety.

What Is Intoxication Manslaughter?

Intoxication manslaughter is defined under Texas Penal Code Sec. 49.08 as causing somebody’s death by accident or mistake while drunkenly operating a motor vehicle, aircraft, boat, or amusement ride. The burden is on the prosecution to prove that your intoxication was the main cause behind the death.

Under Texas law, you are considered intoxicated if you have a blood alcohol concentration of more than .08 percent. You may also be considered intoxicated if you do not have full control of your physical or mental faculties due to drugs or alcohol in your system. Evidence of drunkenness is pivotal in an intoxication manslaughter charge, and law enforcement must follow certain procedures in order for that evidence to be admitted to court.

Do You Go to Prison for Intoxication Manslaughter?

As a crime of homicide, intoxication manslaughter is strictly prosecuted in Texas. The offense carries second-degree felony charges, punishable by anywhere from two to 20 years in prison, in addition to a possible fine of up to $10,000.

Some aggravating circumstances may lead to intoxication manslaughter being prosecuted as more serious offenses with first-degree felony penalties. These can carry five to 99 years in prison, or incarceration for life and include: 

• Causing the death of multiple people in one act of intoxication manslaughter

• Causing the death of an on-duty firefighter or emergency medical personnel

• Committing intoxication manslaughter with a prior DWI conviction

Defenses Against Intoxication Manslaughter

As previously mentioned, a conviction of intoxication manslaughter hinges on the prosecution proving that you were intoxicated at the time of the offense. A skilled defense lawyer can closely scrutinize the results of a chemical test, potentially identifying outside contaminants or procedural errors that cast doubt on the results. Successfully challenging the results of a blood or breath test could lead to a reduced charge of criminally negligent homicide – which is punishable by 380 days to two years in state jail – or serve as the basis to pursue a full acquittal.

The prosecution must also prove a link between your intoxication and the victim’s death. In some cases, you may not be able to dispute that you were intoxicated, but you could argue that it had nothing to do with the casualty. For instance, if the cause of the accident was bad weather, rather than you driving while intoxicated, the underlying charge of intoxication manslaughter could be challenged.

Contact a Fredericksburg, TX Intoxication Manslaughter Defense Lawyer

A charge of intoxication manslaughter has the potential to change your future forever. the Law Office of Russ Alan Baker, PLLC is ready to start working with you right away to build your defense. To schedule an initial consultation with our Marble Falls, TX drunk driving defense attorney, call us at 325-216-2006 today.