Texas Passes Bentley’s Law

At Tad Nelson and Associates, we stay on top of changes in Texas drunk driving laws. On June 2, Governor Abbott signed Bentley’s Law after it was passed by the legislature. Bentley’s Law will make defendants convicted of intoxicated manslaughter responsible for paying child support when they kill a parent.

This law will immediately put a burden on defendants and is one more reason to aggressively fight any accusation you were driving drunk. Please call our firm today at 281-280-0100 to speak with a Houston DWI lawyer about your case.

What is Bentley’s Law?

Supported by a variety of groups, including Mothers Against Drunk Driving and Rise Recovery, Bentley’s Law will force those convicted of intoxicated manslaughter to pay child support when they kill the parent of a minor child.

Imagine that Adam is driving with a blood alcohol concentration of .12%—well over the legal limit. He slams into a pedestrian who is crossing the street, killing her instantly. The victim is a mother with a five-year-old daughter.

If convicted, Adam will not only serve a sentence, such as time in jail. A judge can also order that he pay child support for the benefit of the five-year-old daughter left behind. This child support is in addition to whatever penalties Adam faces for an intoxicated manslaughter conviction.

A judge will decide the child support amount on an individualized, case by case basis and will look at many factors, such as the child’s financial needs and who is taking care of the child. It’s likely that a child without parents will receive more child support, but we’ll have to see how judges put it into practice. Child support is paid until the child reaches 18 or graduates from high school.

The law goes into effect on September 1, 2023.

RESOURCE: Bill Analysis

Can You Fight Intoxication Manslaughter Charges?

Yes. To obtain a conviction, the state must prove that you were legally intoxicated while operating a vehicle and accidentally caused another person’s death. This is the law found at Texas Penal Code § 49.08.

There are several ways to beat the charges. One is to show you were not the cause of death. For example, someone else could have been driving the car when it struck the victim. Or the victim might have died months later of an unrelated cause, like cancer.

We can also challenge any evidence that you were intoxicated when you were driving. Breath and/or urine tests are not as reliable as many people imagine. Even blood samples could be contaminated or mixed up at the testing lab. An experienced Houston DWI lawyer can cast reasonable doubt on evidence of guilt.

Facing Intoxication Manslaughter Charges?

Call Us Today at 281-280-0100

Intoxication manslaughter charges are some of the most severe that a Texas driver can face. Judges are unlikely to take it easy on a defendant, even someone with no prior criminal history. Contact Houston DWI Lawyer Tad A Nelson to speak with a member of our legal team about your charges. You need a proactive defense strategy that focuses on preserving your liberty and financial resources.