What Are the Possible Defenses for Intoxication Manslaughter Charges?

 Posted on February 27, 2020 in Criminal Defense

If you are facing charges of intoxication manslaughter, you might be wondering if this is a completely indefensible offense that cannot be adequately challenged in court. Of course, it is natural to have all of these worries and fears when this type of tragedy happens. You might even feel an overwhelming sense of guilt as you struggle to see a way out. However, the truth is that with the right criminal defense attorney, you could be found not guilty, have the case dismissed, or have your charges significantly reduced. Your lawyer can help you determine the best defense strategies that will allow you to achieve a positive outcome to your situation.

Effective Defense Strategies With Intoxication Manslaughter

While it might seem as if a charge of intoxication manslaughter cannot be overcome in court, there are a variety of ways to challenge or defeat these charges, including:

• Suggesting Faulty Sobriety Tests — As with a DWI case, one of the best ways to achieve success is to establish reasonable doubt by calling into question the validity of the sobriety tests. If your lawyer can instill uncertainty and skepticism in the jury about the overall effectiveness of the sobriety tests, then it might lead them to believe that you were not intoxicated at the time of the accident.

• Proving the Death Was Unrelated to Alcohol Consumption — In some cases, you may be able to show that a person's death was directly or indirectly caused by reckless driving on the part of the deceased or others involved in the accident. Potential defense strategies may include demonstrating that the driver was distracted, committed traffic violations such as running a red light, or various other examples of unsafe driving. With the right evidence and arguments, you may be able to show that a fatal accident would have happened regardless of your BAC level.

• Establishing Clear Differences Between Accidents and Crimes — Your lawyer might be able to show that the alleged vehicular manslaughter was not only unrelated to alcohol, but it was not even a criminal offense. For example, your attorney may demonstrate to the jury that weather conditions, damage to the surface of the road, or busy traffic have made accidents on that street at that time of the day particularly common. If it can be shown that the accident was caused by conditions that were out of your control, you may be able to have the criminal charges dismissed. 

Contact a Collin County Criminal Defense Lawyer

An intoxication manslaughter charge does not always mean it is the end of your life as you know it. If you retain the counsel of a Frisco intoxication manslaughter attorney who has the skill and knowledge to defend you and the success rates to prove it, then you will be on your way to clearing your record and moving on with your life. To learn more about how we can help you defend against these types of charges, call the Law Offices of Biederman & Burleson P.L.L.C. at 469-333-3333 for a free consultation.

Sources:
https://www.texasmonthly.com/articles/was-it-an-accident-or-a-crime/
https://starlocalmedia.com/planocourier/jury-sentences-plano-man-to-years-for-intoxication-manslaughter/article_69d6f67a-3eb6-11e4-945b-1b62a21d33bd.html
https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm#49.08