Texas Intoxication Manslaughter Defense

Intoxication Manslaughter in Texas

When a DWI Turns Into a Felony You Can’t Ignore

There’s no easy way to talk about an intoxication manslaughter case. These are life-altering situations—both for the families of the deceased and the person being charged. If you’re facing this kind of accusation, you’re no longer dealing with a simple DWI. You’re now looking at a second-degree felony, with a penalty range of 2 to 20 years in the Texas Department of Criminal Justice.

At Tad Nelson & Associates, we’ve handled these cases in Houston, Galveston, League City, and across the Greater Houston region. They are always high-stakes, highly emotional, and extremely complex—both legally and scientifically.

If you’re under investigation or already facing charges, here’s what you need to know.

What Is Intoxication Manslaughter?

Under Texas Penal Code § 49.08, intoxication manslaughter is defined as:

Operating a motor vehicle in a public place while intoxicated, and by reason of that intoxication, causing the death of another person.

To convict you, the State must prove two critical elements:

1. That you were intoxicated.
   This includes loss of normal use of mental or physical faculties due to alcohol, drugs, or both—or having a blood alcohol concentration (BAC) of 0.08 or higher.
2. That your intoxication caused the death.
   In other words, the death wouldn’t have occurred but for the intoxication. That link—called causation—is where many of these cases fall apart.

How We Defend Intoxication Manslaughter Cases

No two cases are alike. Some can be challenged on the facts. Others must be fought at sentencing. But in every case, our approach is aggressive and thorough.

1. We Challenge the DWI

Before this is an intoxication manslaughter case, it’s a DWI case. That means:

• Was there probable cause for the traffic stop?
• Were field sobriety tests conducted properly?
• Was the blood or breath test legally obtained and scientifically reliable?

If we can beat the intoxication element, we beat the entire case.

LEARN MORE: Blood & Breath Test Defenses

2. We Attack Causation

Even if the driver was intoxicated, the prosecution still has to prove that the intoxication caused the fatal accident. That’s a higher burden than most people realize. Accidents happen for all kinds of reasons—road conditions, other drivers, mechanical failure. We bring in accident reconstructionists and forensic experts when needed. If the cause of the crash can be separated from intoxication, we raise reasonable doubt.

3. We Fight for Probation When Guilt Is Clear

In some cases, the evidence is overwhelming. We’ve had clients with BAC levels three times the legal limit. We’ve seen crash data from vehicle black boxes showing speeds of 90+ mph before a fatal impact. When guilt isn’t in question, we fight to keep our clients out of prison.

That’s when we shift focus to punishment. We humanize our client. We show the jury or judge that this isn’t some career criminal—it’s a good person who made a catastrophic mistake. We bring in family, friends, employers—anyone who can vouch for their character.

In many of these cases, we’ve secured probation, even when the prosecution was demanding a decade or more in prison.

The Reality of Probation in These Cases

Let’s be clear: even with probation, you’re still going to be punished.

Under Texas law, a judge can require up to 180 days in county jail as a condition of probation for intoxication manslaughter. And in Harris County and other conservative jurisdictions, they usually do. But 180 days in county is a world apart from 20 years in prison.

A Real Example From Harris County

In one recent case, we represented a young woman in her 20s who was driving her best friend home after a night out. She lost control of her car on a wet, winding road and hit a tree. Her friend didn’t survive. Her BAC was three times the legal limit. The government wanted 14 years in TDCJ.

We couldn’t challenge the facts—she was guilty. But we didn’t stop fighting.

We brought in everyone who knew her. We built a story of who she really was—not the worst moment of her life, but the full picture. A kind, hardworking person who had never been in trouble before. And we convinced a jury that her life was worth saving.

They gave her probation.

What Should You Do If You’re Charged?

If you’ve been charged with intoxication manslaughter, your life just changed. What happens next depends on the decisions you make right now.

This is not a charge you fight with a public defender. It’s not the kind of case you can afford to “wait and see” on. Every moment counts. Evidence needs to be preserved. Witnesses need to be interviewed. Strategy needs to begin immediately.

Call us now at 713-802-1631
Request Your Confidential Case Evaluation

We handle intoxication manslaughter cases throughout:

• Harris County
• Galveston County
• Brazoria County
• League City, Texas City, Pasadena, Pearland, Baytown, and more

Whether the fight is at trial or sentencing—we’re ready.