Michalk, Beatty & Alcozer, L.P.


The elements of intoxicated manslaughter in Texas

No resident of the Killeen and Fort Hood areas wants to have to be deal with a drunk driving charge, even if it is a first-time offense. However, the matter is made all the worse if the person accused was also involved in a fatal accident. In such cases, in addition to a DUI/DWI charge, a person can also face a charge of intoxicated manslaughter.

Intoxicated manslaughter is legally described as "intoxication manslaughter" under the relevant state statute. In order to be convicted, the prosecution must prove that the person accused was driving while legally intoxicated. Moreover, the prosecutor also has to demonstrate that the driver's intoxication caused the fatality.

While this means that the state will have to prove that the accused driver contributed to the accident to some degree, the prosecutor does not have to prove that the intoxicated driver had ill will or was trying to hurt or kill someone. Even if the accident was a complete mistake, the fact the driver was drunk or drugged is enough for a manslaughter charge.

Intoxicated manslaughter is a serious felony in Texas. Someone convicted of it will likely go to jail for several months or years and will also likely have to be on probation for years as well. Additionally, the person will have a difficult time restoring their career and their personal reputation after a manslaughter conviction, even if he has no other criminal history.

One night out on the town followed by an accident can land a Killeen in serious legal hot water. Should this happen, the person who is accused of manslaughter should strongly consider seeking the advice of an experienced Texas criminal defense attorney.

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