People who operate a motor vehicle while intoxicated can face an intoxication manslaughter charge if they cause an accident that leads to the death of another person. This applies to BWI, FWI, and DWI types of situations. intoxication manslaughter is a serious charge that can easily turn into a felony murder charge.
The consequences after a conviction for this charge are often severe and can impact your life significantly. An experienced DWI lawyer can help you to fully understand your case and the possible consequences you may face. Your lawyer will defend your rights.
What Is The Difference Between Intoxication Manslaughter And Homicide?
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Unlike manslaughter, homicide requires the offender to have a motive, premeditation, and conscious action when they kill their victim. Manslaughter is an unplanned offense that happens when a person is negligent, which means the accused did not intend to kill someone. So, it means manslaughter results from reckless behavior performed without regard for other people.
What Are The Consequences Of Intoxication Manslaughter?
Texas law classifies Intoxication manslaughter as a felony of the second degree. This means that if convicted, you may pay up to $10,000 in fines and face 2 to 20 years in prison. You also face a driver’s license suspension lasting from 180 days to 2 years.
After a conviction, you have to pay between $1,000 and a $2,000 Surcharge fee every year for 3 years for you to retain your license. You must also do 240 hours of community service and may lose your right to vote.
Even if a judge grants you probation, you may still have to spend 120 days in jail.
Other Penalties For Intoxication Manslaughter
In DWI cases, the severity of the penalties is determined mostly by circumstances. So, if you used your vehicle as a deadly weapon, there will be an additional penalty that will force you to spend at least half of the sentence in prison before you are considered for early release.
Another penalty is that your chances of receiving probation will be limited. A judge will also grant a bond order on the condition that you install an Ignition Interlock device on your vehicle. Your driving rights will also be limited.
What Are Ignition Interlock Requirements?
An ignition interlock device is meant to ensure that you do not operate a motor vehicle while intoxicated. You blow into it before you start the vehicle. If it detects the presence of alcohol in your breath, it disables the vehicle. You are not allowed to tamper with this device or ask someone else to blow into it because that could lead to severe penalties.
- People who tamper with an ignition interlock device face the following consequences:
- You may lose the privilege of using the ignition interlock device leading to your driver’s license being restricted completely
- You may be ordered to wear a Secure Remote Alcohol Monitoring (SCRAM) bracelet
You may be sentenced to spend time in jail with no possibility of benefiting from a probation or - interlock program