Intoxicated Manslaughter and Intoxication Assault
Intoxication Assault: 3rd Degree Felony: Punishable from 2 to 10 years in the Texas Department of Corrections and up to a $10,000 fine. If probation is given there is a mandatory 30 days in jail.
Intoxication Manslaughter: 2nd Degree Felony: Punishable from 2 to 20 years in the Texas Department of Corrections and up to a $10,000 fine. If probation is given there is a mandatory 120 days in jail.
If person causes the death or serious bodily injury of someone as a result of operating his vehicle while intoxicated, he is likely to be charged with the crime of Intoxication Manslaughter or Intoxication assault. In order to prove one of these cases against an individual, the prosecutor must show beyond a reasonable doubt not only that the individual was intoxicated, but that the death or serious bodily injury was a direct result of that intoxication.
I can tell you that all accidents that result in the death or serious bodily injury of an individual will be investigated more thoroughly than a traditional Driving While Intoxicated case. This means that each police department will have its best officer’s working the case. It also means that you will not be able to refuse taking a blood or breath test. If you refuse, a warrant will be issued for your blood.
This means part of the defense on intoxication will be on the actual blood test. Was the warrant legitimate; was the blood draw procedures properly followed; Did the lab follow the proper procedures? In these type cases it is critical that you are represented by a criminal defense attorney who has tremendous experience in how to attack the government case.
In many cases, intoxication is not the issue. Proving someone committed the offense of Intoxication Manslaughter or Intoxication Assault is a 2 prong test. The first prong: was the person intoxicated? If yes, the State must prove the second prong: was the death or serious bodily injury a direct result of that intoxication? One example of this is where there is an accident where a non-intoxicated person runs a stop sign, hitting an intoxicated driver. The non-intoxicated person is killed or seriously injured. The intoxicated person is not guilty of intoxication manslaughter or intoxication assault, because his intoxication did not directly cause the death of another.
The bottom line is that your lawyer must be extremely knowledgeable in these type cases. James Angelino was the creator and Chief of the Denton County District Attorney’s office DWI Prosecution Unit. Jimmy travelled around the country teaching police officer’s and prosecutors how to better prosecute these type crimes. He was also an instructor at the TDCAA’s intoxication Manslaughter seminars. Let his experience in these type cases help you get the best possible result . Call the Law Offices of James Angelino at (972) 377-0088 for a free consultation!