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Intoxication Manslaughter Defense Attorney in Houston, TX
Cory Roth Law Office defends Houston drivers charged with intoxication manslaughter, a second-degree felony under Texas Penal Code §49.08 carrying 2 to 20 years in prison. Our Houston intoxication manslaughter defense attorney challenges causation, blood evidence, and arrest procedures to protect your freedom and future.
What Is Intoxication Manslaughter in Texas?
Intoxication manslaughter is when an intoxicated driver, boater, pilot, or amusement-ride operator causes another person’s death “by accident or mistake.” The offense is defined in Texas Penal Code §49.08 and is classified as a second-degree felony unless enhancements under §49.09 apply.
Under Texas law, “intoxicated” means either (1) a blood alcohol concentration (BAC) of 0.08 or higher, or (2) lacking the normal use of mental or physical faculties due to alcohol, a controlled substance, a drug, a dangerous drug, or any combination of these substances. That second definition matters: Harris County prosecutors routinely pursue intoxication manslaughter even when a BAC tested below 0.08.
Intoxication manslaughter is a strict-liability offense. The State does not have to prove you intended to harm anyone. Prosecutors only need to prove that your intoxication caused a death.
How Cory Roth Law Office Defends Houston Intoxication Manslaughter Cases
A Houston intoxication manslaughter charge demands immediate, hands-on defense. Our firm moves quickly to:
- Preserve crash-scene evidence before vehicles are released or roadways cleaned
- Subpoena dash-cam, body-cam, 911 audio, and traffic-camera footage
- Independently retest blood samples processed by the Harris County Institute of Forensic Sciences
- Challenge probable cause for the traffic stop and the validity of any blood-draw warrant
- Retain accident-reconstruction and toxicology experts to attack causation
- Argue for reasonable bond and protective pretrial release conditions
We treat every case as a potential trial case. That preparation alone changes how Harris County prosecutors evaluate the file.
Penalties for Intoxication Manslaughter in Texas
In Texas, intoxication manslaughter is a second-degree felony punishable by 2 to 20 years in state prison and a fine of up to $10,000. Enhancements under Texas Penal Code §49.09 can elevate it to a first-degree felony carrying up to life in prison.
Second-Degree Felony Range
Under Texas Penal Code §12.33, a standard intoxication manslaughter conviction carries:
- 2 to 20 years in the Texas Department of Criminal Justice
- A fine of up to $10,000
- Driver’s license suspension of 180 days to 2 years
- DPS surcharges of $2,000 per year for three years to keep the license active
- 240 to 800 hours of community service if probation is granted
When the Charge Becomes a First-Degree Felony
Under Texas Penal Code §49.09, intoxication manslaughter rises to a first-degree felony (5 to 99 years or life) when:
- The deceased was a peace officer, firefighter, or emergency medical services worker performing official duties
- The defendant has two or more prior intoxication-related convictions
- More than one person was killed in the same criminal transaction (effective September 1, 2025)
- The defendant had a prior intoxication offense and, at the time of the new offense, was in violation of Penal Code Chapter 51 (effective September 1, 2025)
These 2025 enhancements significantly increased prosecutorial leverage in Harris County. An experienced Houston felony DWI attorney will scrutinize whether an enhancement is properly pled and supported by competent evidence.
Probation, Community Service, and Deadly Weapon Findings
Deferred adjudication is not available for any intoxication offense in Texas. Straight probation is possible only when the sentence is 10 years or less, and Texas law requires a mandatory minimum of 120 days in jail as a condition of probation. If prosecutors secure a “deadly weapon” finding under Article 42A.054 of the Texas Code of Criminal Procedure, only a jury may grant probation, and parole eligibility is delayed.
What the State Must Prove Beyond a Reasonable Doubt
To convict you of intoxication manslaughter, Harris County prosecutors must prove every element of the offense beyond a reasonable doubt:
- You operated a motor vehicle, watercraft, aircraft, or amusement ride.
- You did so in a public place (for motor vehicles).
- You were intoxicated at the time of operation.
- By reason of that intoxication, you caused the death of another person by accident or mistake.
The intoxication and causation elements are where most Houston intoxication manslaughter cases are won or lost. A drunk driver involved in a fatal crash is not automatically guilty. The State must prove that the intoxication—not the accident alone—caused the death.
Common Scenarios That Lead to Intoxication Manslaughter Charges in Houston
Most Houston intoxication manslaughter cases stem from:
- Fatal crashes on I-10, I-45, I-69 (US-59), Loop 610, or the Sam Houston Tollway
- Wrong-way collisions on Houston freeways and HOV lanes
- High-speed rear-end accidents at intersections or stoplights
- Boating fatalities on Lake Conroe, Lake Houston, or Galveston Bay
- Multi-vehicle pile-ups where causation is genuinely disputed
- Cases involving prescription drugs, cannabis, or polysubstance impairment rather than alcohol alone
You can be charged even if you were not driving recklessly. The State only has to show that intoxication—not your driving behavior—was the cause of the death.
Defense Strategies in Houston Intoxication Manslaughter Cases
Strong defenses depend on the specific facts, but our firm regularly pursues the following angles:
Challenging causation. Even an intoxicated driver is not guilty if intoxication did not cause the fatal accident. A pedestrian darting into traffic, a third driver running a red light, mechanical failure, or unsafe road design can break the causal chain.
Attacking the blood draw. Warrantless blood draws are presumptively unconstitutional after the U.S. Supreme Court’s decision in Missouri v. McNeely. We review warrant affidavits, chain of custody, and whether the draw complied with Texas Transportation Code §724.017.
Disputing the BAC result. Retrograde extrapolation, contaminated samples, fermentation, machine calibration failures, and analyst error at the Harris County Institute of Forensic Sciences have all produced unreliable results in past Houston cases.
Field sobriety test challenges. Uneven pavement, medical conditions, fatigue, and improper test administration frequently produce false “clues” of intoxication. We review the officer’s conduct against NHTSA standardized testing protocols to identify deviations that undermine the State’s evidence.
Fourth and Fifth Amendment violations. A bad stop, an illegal arrest, an improper interrogation, or a Miranda violation can result in suppression of evidence and, in some cases, dismissal of the case altogether.
Independent intervening cause. Texas appellate courts have recognized that a sufficiently independent act by another party can break legal causation and defeat the State’s theory.
Intoxication Manslaughter vs. Related Texas Offenses
Many drivers confuse intoxication manslaughter with similar Texas charges. Each has distinct elements and penalties:
- DWI — Driving while intoxicated without causing serious bodily injury or death. A first offense is typically a Class B misdemeanor.
- Felony DWI — Includes third DWI, DWI with a child passenger, or intoxication assault.
- Intoxication Assault — Causing serious bodily injury (not death) while intoxicated. Third-degree felony.
- Manslaughter — Recklessly causing the death of another. Second-degree felony.
- Vehicular Homicide — A broader category covering reckless and intoxication-related driving deaths.
- Murder — Intentionally or knowingly causing death. First-degree felony, prosecuted under a different statute and theory.
Charge reductions from intoxication manslaughter down to intoxication assault or DWI are sometimes achievable when the State’s causation or intoxication evidence weakens during pretrial litigation.
What to Do After an Intoxication Manslaughter Arrest in Houston
Invoke your right to remain silent, refuse to answer questions about the crash, and request an attorney immediately. Do not consent to additional blood draws or recorded interviews without counsel present.
After an intoxication manslaughter arrest in Harris County, you will be booked into the Harris County Jail. Because the offense is a second-degree felony, bond often starts at $50,000 and can climb significantly based on prior record, BAC, and aggravating facts. Your case will be assigned to a felony district court at the Harris County Criminal Justice Center.
You also have only 15 days from the date of arrest to request an Administrative License Revocation (ALR) hearing through the Texas Department of Public Safety. Missing that deadline results in automatic license suspension regardless of the criminal-case outcome.
Why Choose Cory Roth Law Office
- Houston-based defense focused on serious DWI and felony cases
- Direct attorney contact — your case is not handed off to a junior associate
- Deep familiarity with Harris County felony courts, prosecutors, and lab procedures
- Trial-ready preparation on every file, with the negotiating leverage that comes with it
- Transparent communication about realistic outcomes, timelines, and costs
We understand the human side of these cases. You are not a file number, and we never treat clients that way.
Talk to a Houston Intoxication Manslaughter Lawyer Today
Every hour after an intoxication manslaughter arrest matters. Evidence disappears, witnesses move on, and the State continues to build its case while you wait. Contact Cory Roth Law Office to schedule a confidential consultation with a Houston intoxication manslaughter defense attorney.
Immediately. Evidence at the scene degrades within hours, witness recollections fade within days, and surveillance footage from nearby businesses is often overwritten within a week. The 15-day ALR deadline also begins running from the date of arrest. The earlier counsel is retained, the more aggressively the defense can shape the case.
If another party caused the fatal accident, the State cannot prove that your intoxication — rather than someone else’s conduct — caused the death. Causation is a required element. An experienced Houston intoxication manslaughter defense attorney will retain accident-reconstruction experts to challenge the State’s theory.
Yes. Texas defines intoxication two ways: a BAC of 0.08 or higher, or the loss of normal mental or physical faculties due to alcohol, drugs, controlled substances, or a combination. A driver with a BAC under 0.08 can still be charged if prosecutors can prove impairment from any combination of substances.
Yes, in most cases. A separate civil suspension begins after the arrest unless you request an Administrative License Revocation (ALR) hearing within 15 days through the Texas Department of Public Safety. A conviction triggers an additional 180-day to 2-year suspension and $2,000-per-year DPS surcharges for three years to keep the license active.
Yes. Intoxication manslaughter charges can be reduced to intoxication assault or DWI — and in some cases dismissed entirely — when the defense successfully attacks causation, intoxication evidence, blood-draw procedures, or constitutional violations during the arrest.
Bond for intoxication manslaughter in Harris County typically starts around $50,000 and can climb significantly higher based on the defendant’s prior record, the BAC level, and case-specific aggravating facts. A defense attorney can request a bond reduction or revised conditions at the initial setting.
No. Intoxication manslaughter is a strict-liability offense under Texas Penal Code §49.08. Prosecutors do not have to prove you intended to harm anyone — only that you were intoxicated and that the intoxication caused a death by accident or mistake.
The difference is the result. DWI is operating a motor vehicle while intoxicated. Intoxication manslaughter is operating while intoxicated and causing another person’s death by accident or mistake. DWI is typically a misdemeanor for first offenders; intoxication manslaughter is always a felony.
A second-degree intoxication manslaughter conviction in Houston carries 2 to 20 years in TDCJ. A first-degree enhancement (death of a first responder, multiple victims in one transaction, or two prior intoxication convictions) carries 5 to 99 years or life. Sentences can be stacked if multiple victims are involved.
Yes, but only in limited circumstances. Probation is possible only when the sentence is 10 years or less. Deferred adjudication is statutorily prohibited for all intoxication offenses, and Texas law requires a mandatory minimum of 120 days in jail as a condition of straight probation. A deadly-weapon finding further restricts probation eligibility to a jury verdict.
Yes. Intoxication manslaughter is a second-degree felony in Texas, punishable by 2 to 20 years in prison and a fine of up to $10,000. Enhancements under Texas Penal Code §49.09 can elevate it to a first-degree felony when the victim was a first responder, when there are multiple deaths in the same criminal transaction, or when the defendant has two or more prior intoxication-related convictions.