Fighting an Intoxication Manslaughter Charge

 Posted on May 27, 2024 in DWI

Vehicular intoxication manslaughter - causing someone’s death because you were driving while intoxicated - is the most serious DWI-related charge. People who are convicted of vehicular intoxication manslaughter can face up to 20 years in prison for this second-degree felony. This is the type of conviction that can destroy your life. While you very likely had no intention of hurting anyone and fully expected to get home safely, making the mistake of driving drunk even once can permanently alter the course of your life and the lives of others when a fatal accident takes place as a result. If you are facing DWI manslaughter charges in Texas, you need an experienced Frisco, TX felony DWI attorney on your side.

What the Prosecution Must Prove in a DWI Manslaughter Case 

Understanding what the prosecution must prove in order to convict you of intoxication manslaughter might help you understand what some possible defense strategies are. First, the state has to prove that you were driving while intoxicated. This means that you can use any of the usual defenses to a standard DWI case, such as showing that there was a problem with your chemical testing.

The prosecution also needs to prove beyond reasonable doubt that your intoxication directly caused the car crash and the victim’s death. So, if your attorney can show that the accident would likely have happened even if you were sober or that you did not directly cause the accident, you might not be convicted of this serious offense. For example, if you were involved in a pile-up accident caused by a driver behind you who sped through a red light, your intoxication might not have been the cause of the accident. Or, if your tire blew out due to a defect, you might not be at fault for the fatal crash.

Having Intoxication Manslaughter Charges Reduced 

The state is not always willing to offer reduced charges in exchange for a guilty plea when someone has died. However, there are other ways your attorney can seek to have your charges reduced. If your lawyer is able to show that your intoxication was not the cause of the accident or the death, your charges might be reduced to a simple (misdemeanor) DUI.

Working to have your charges reduced is often the best way to defend these cases, as pleading guilty to or being convicted of a lesser charge is generally far better than getting convicted of intoxication manslaughter.

Contact a Frisco, TX Vehicular Intoxication Manslaughter Attorney

Law Offices of Biederman & Burleson P.L.L.C. is committed to providing the best criminal defense possible to people accused of causing a fatal accident while driving drunk. Our dedicated Collin County, TX DWI manslaughter lawyers have won more than 500 trial victories in DWI cases. Contact us at 469-333-3333 for a complimentary consultation.