WHAT IS INTOXICATION MANSLAUGHTER IN TEXAS?
The Texas law against intoxication manslaughter prohibits operating a motor vehicle, aircraft, watercraft, or amusement ride while intoxicated, and causing another’s death as a result.
- What is the legal limit for intoxication in Texas? Texas Penal Code Section Section 49.01 defines “intoxication” in two ways: (1) a blood alcohol concentration (“BAC”) of 0.08 or more; or (2) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body.The subjective definition, or one’s loss of normal use of mental or physical faculties, does not require proof that a person’s blood alcohol concentration was above 0.08.For example, in Aguirre v. State, the defendant was arrested for DWI, and his blood test later showed a 0.075 blood alcohol concentration. But the other evidence showed he was going 102 miles per hour, had bloodshot eyes, slurred speech, and a can of beer in the car. The defendant also showed several clues of intoxication during the Standardized Field Sobriety Tests (SFSTs). Based on the evidence, the jury found him guilty, and the appellate court affirmed.
- What is the difference between intoxication manslaughter and manslaughter in Texas? Texas Penal Code Section 49.11 explains there is no requirement of proof of a culpable mental state in intoxication cases, while manslaughter requires proof of an act of recklessness. A person who crashes into another while intoxicated is sufficient to support a conviction for intoxication manslaughter. Additionally, Texas Penal Code Section 3.03 permits consecutive sentences, or “stacking,” for multiple intoxication manslaughter convictions.
WHAT IS THE INTOXICATION MANSLAUGHTER LAW IN TEXAS?
Tex. Penal Code § 49.08. INTOXICATION MANSLAUGHTER
(a) A person commits an offense if the person:
(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
(2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
(b) Except as provided by Section 49.09, an offense under this section is a felony of the second degree.
Tex. Penal Code § 49.09. ENHANCED OFFENSES AND PENALTIES
(b-1) An offense under Section 49.07 is:
(1) a felony of the second degree if it is shown on the trial of the offense that the person caused serious bodily injury to a firefighter or emergency medical services personnel while in the actual discharge of an official duty; or
(2) a felony of the first degree if it is shown on the trial of the offense that the person caused serious bodily injury to a peace officer or judge while the officer or judge was in the actual discharge of an official duty.
(b-2) An offense under Section 49.08 is a felony of the first degree if it is shown on the trial of the offense that the person caused the death of a person described by Subsection (b-1).
(b-4) An offense under Section 49.07 is a felony of the second degree if it is shown on the trial of the offense that the person caused serious bodily injury to another in the nature of a traumatic brain injury that results in a persistent vegetative state.
WHAT IS THE PENALTY CLASS FOR INTOXICATION MANSLAUGHTER IN TEXAS?
Intoxication manslaughter is a second degree felony, punishable by two to 20 years in prison. Intoxication manslaughter is enhanced to a first degree felony, punishable by five to 99 years or life in prison, if the victim was emergency medical services personnel, or a firefighter, police officer, or judge in the actual discharge of official duties.
WHAT IS THE PUNISHMENT RANGE FOR INTOXICATION MANSLAUGHTER IN TEXAS?
Intoxication manslaughter charged as a second degree felony carries between two and 20 years in prison, and a maximum $10,000 fine. The punishment range for first degree intoxication manslaughter is five to 99 years or life in prison, and a maximum $10,000 fine.
WHAT ARE THE PENALTIES FOR INTOXICATION MANSLAUGHTER IN TEXAS?
A person charged with intoxication manslaughter is eligible for probation after a conviction for a period not to exceed ten years. Deferred adjudication is not an available option for an intoxication assault charge.
- Will ignition interlock or other alcohol monitoring device be required after an intoxication manslaughter arrest? Texas Code of Criminal Procedure article 17.441 requires a person arrested for intoxication manslaughter to install ignition interlock on any vehicle a person owns or regularly drives if the person has been previously convicted of driving while intoxicated. For a first offense, a magistrate may require ignition interlock. The accused will be required to pay all accompanying fees to the company contracting with the county that installs the device.
- Does insurance go up after an intoxication manslaughter conviction in Texas? Yes. Texas Insurance Code Section 1953.052 permits a premium surcharge for a person convicted of driving while intoxicated, intoxication assault, and intoxication manslaughter for a minimum of three years following the conviction. Learn more.
- Will ignition interlock or other alcohol monitoring device be required after an intoxication manslaughter arrest? Texas Code of Criminal Procedure article 17.441 requires a person arrested for intoxication manslaughter to install ignition interlock on any vehicle a person owns or regularly drives within 30 days of a person’s release on bond. The accused will be required to pay all accompanying fees to the company contracting with the county that installs the device.
WHAT ARE THE DEFENSES TO INTOXICATION MANSLAUGHTER IN TEXAS?
The statute does not authorize specific defenses to intoxication manslaughter. A person accused thereof may attempt to negate at least one of the elements the State must prove at trial.
- Can a person who drives under the influence of prescribed medication be charged with intoxication manslaughter in Texas? Yes. Texas Penal Code Section 49.10 provides it is not a defense to intoxication offenses if the person was “entitled to use the alcohol, controlled substance, drug, dangerous drug, or other substance.” This means that even if a person was driving under the influence of legally prescribed medication, the person may still be charged with an intoxication offense if the State proves loss of normal use of mental or physical faculties.For example, in Noska v. State, the defendant crashed into another vehicle around 9:00 a.m. on the way to her daughter’s school. She killed the driver, and the passenger suffered broken ribs, pulmonary contusions, a spinal ligament injury, and a fractured clavicle. The defendant was under the influence of Xanax, Carisoprodol (“Soma”), Vicodin, and a small amount of opiates and cannabinoids. She was legally prescribed the medication, but her doctor warned her about driving after taking them. She was convicted of intoxication manslaughter and intoxication assault, and the appellate court affirmed.
- Can a person be charged with intoxication manslaughter for killing an unborn child in Texas? Texas Penal Code Section 49.12 prohibits the State from charging a pregnant woman who causes the death of her unborn child in a crash caused by her intoxication. However, a person who drives intoxicated and crashes into a car carrying a pregnant woman may be charged with intoxication manslaughter for killing her child.In Cuellar v. State, the defendant was driving drunk, and crashed into a pregnant woman’s car. The woman was rushed to the hospital, where she delivered a live baby who died shortly thereafter from injuries caused by the crash. The defendant was convicted of intoxication manslaughter, and the appellate court affirmed.
- Is a person required to submit to a blood test for intoxication assault in Texas? A person may refuse a blood or breath test after an arrest for intoxication assault. But pursuant to Texas Transportation Code Section 724.012, police may obtain a warrant based on probable cause to extract a specimen of an arrestee’s blood. The Transportation Code also requires a person’s license to be suspended for 180 days if the person refuses to consent to the taking of a blood or breath specimen. Learn more.In Mitchell v. Wisconsin, the U.S. Supreme Court held that unconscious drivers suspected of drunk driving are subject to warrantless blood draws due to exigent circumstances, and a compelling need of the State to promote the paramount interest of highway safety.
WHAT IS THE STATUTE OF LIMITATIONS FOR INTOXICATION MANSLAUGHTER IN TEXAS?
According to at least one Texas appellate court, there is no limitation period for intoxication manslaughter, just as there is no limitation period for manslaughter. See Ex parte Floyd, 595 S.W.3d 252 (Tex. App.—Corpus Christi 2019).
INTOXICATION MANSLAUGHTER IN TEXAS
Texas law punishes intoxication manslaughter, or causing another’s death, by reason of operating a motor vehicle, watercraft, airplane, or amusement ride while intoxicated. There is no required culpable mental state, other than the person’s voluntary act of consuming intoxicants then driving.
TEXAS INTOXICATION MANSLAUGHTER COURT CASES
The case law regarding intoxication manslaughter in Texas further illustrates the causation required for this offense.
- In Olalde v. State, a woman crashed into another car, killing the driver and injuring the four passengers. She had a 0.18 BAC, and was charged with intoxication manslaughter, and intoxication assault. She argued at trial, and on appeal after conviction, that the deceased driver of the other car was at fault. The appellate court affirmed her convictions, explaining that even if the victim-driver contributed to the crash, the defendant’s intoxication, by itself or combined with the other driver’s actions, caused the victims’ death and injuries.
