Definition of Intoxication Manslaughter - Texas Penal Code Section 49.08

§ 49.08. Intoxication Manslaughter.

(a) A person commits an offense if the person:

   (1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and

   (2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.

(b) An offense under this section is a felony of the second degree.

Trackbacks (0) Links to blogs that reference this article Trackback URL
http://dwi.austindefense.com/admin/trackback/21679
Comments (17)Subscribe to Comments on this Entry Read through and enter the discussion with the form at the end
Matt - October 13, 2008 6:34 PM

I have a hypothetical situation if you have time for it:

It's after midnight. An intoxicated driver has a single-car accident and his disabled car is partially in the road. Ten minutes later, a motorcyclist who witnesses say was doing a 'wheelie' slams into the disabled car.

Can/should the car's driver be charged with intoxication manslaughter?

bub - December 5, 2008 4:08 PM

question. the law says that if being intoxicated CAUSED the accident,what if a dangerous road situation or possibly something else caused the accident? is just the fact of intoxication , no matter cause, still relivent?

Space - August 29, 2009 11:41 PM

I have friend (really) who was just arrested in texas for intoxication homicide. She hit a byciclist at 10:00am in the morning on a moderately busy road. She apparently swerved and hit him. They did a forced blood draw and it showed some alcohol in her blood. The last drink she had was some between 6 and 7 in the morning. What are her chances.

Space - August 29, 2009 11:41 PM

I have friend (really) who was just arrested in texas for intoxication homicide. She hit a byciclist at 10:00am in the morning on a moderately busy road. She apparently swerved and hit him. They did a forced blood draw and it showed some alcohol in her blood. The last drink she had was some between 6 and 7 in the morning. What are her chances.

Lotus Ricketts - September 12, 2009 3:43 AM

My son was convicted of intoxication manslauter. He was given 6 months in prison and 7 years probation. He, after serving nearly 6 of the 7 yrs. tested positive for drugs. He has spent 3 months in Gulf Coast Center waiting for the county in which he was convicted to respond. He has been clean for the past 45 days. What is likely to happen at his Hearing?

Bobbie - December 2, 2009 8:41 PM

Your son is a f***ing idiot. After getting off so easy with 6 months and probation for intoxicated manslauter. He's lucky he didn't get 20 years. And he still screws up??? He doesn't deserve a hearing. There are people who don't cause the accident and yet their loved ones die, but just cause they had alcohol in their system they lose 10 years of their life and their family. Compare those measly 45 days with no dope to a lifetime of sorrow and misery while spending 10 years in prison.

Drew - April 25, 2010 9:09 PM

Only in Texas would killing someone be less of a felony than dealing dope.

David - August 6, 2010 10:11 AM

When 3 crimesare commited at the same time can they be stacked?

Taylor - September 3, 2010 10:06 AM

Lotus Ricketts*******


I never thought I would read something so sickening in my life. Your son was only charged 6 MONTHS** IN PRISON & 7 yrs probation. That's not even a slap on the wrist honestly! He got off with a chance to still have a life & he screws it up?! That is mindbogglingly, pure INSANITY. i have a friend who was charged with intoxication manslaughter / assault. He was sentenced 15yrs for manslaughter and 10yrs for the assault. He was 18yrs old when the wreck happened & is now starting off his life in prison. HE DIDN'T HAVE THE CHANCE YOUR SON WAS GIVEN I GUARANTEE HE WOULDN'T HAVE MADE THE IDIOTIC CHOICE YOUR CHILD DID. Of course he deserves punishment for the life he took and family's hes caused pain only they could explain. Before coming across your post I already was having trouble dealing with how long he was sentenced but now I am furious.. How dare your son have a 2ND chance to live a better life then go off and screw it up!! Obviously the life hes taken was punishment enough.. I pray they give him the max sentence, hopefully that will open his eyes.

Moose's Mom - September 27, 2010 10:36 AM

What if it was your children that got killed by a drunk driver? How would you feel. I lost my son and daughter in law to a drunk driver on March 18, 2009 both were killed instantly. Now I won't be able to have grandchildren nor will I get to see my children. The person that killed my kids got only 15 years and she will probably get out in 7.5 years. Know that is not fair. She should of gotten Life she knew that she was to drunk to drive when she got in her vehicle and started it She was 4X's the legal limit almost 5Xs. The laws need to be a lot stiffer for first time offenders. Make them spend a while in jail the first time, maybe they won't make that mistake twice.

distraught and guilt ridden - November 24, 2010 7:32 AM

i am a citizen steadfastly against dwi.I only just found out that the father of my two adorable grand daughters has been charged w intoxication manslaughter.I am so angered by his irresponsibility and just to imagine that he would take my grandaughters for the weekends at times just turns me inside out. It caught up to him in the worst possible way and although my heart goes out to the poor family who just happened to be driving ahead of him i feel so guilty and selfish because at the same time they lost their loved one,a 1 yr old child because of his total disrespect for the laws instated to prevent just such tragedies as he caused, my grand daughters only know the wonderful daddy they have,a good person who loves his daughters and think their daddy doesn"t drink alcohol, because thats what he wanted them to think, will possibly never see him again until they become adults, they 6 & 8 now, because my daughter doesnt want her babies to know of the horrible crime their daddy committed. So now we have two families living a most in-conceivable tragedy two terrible losses. Because my daughters x-husband chose a night of drinking and partying to celebrate early thanksgiving with his social group before taking his daughters home for a family thanksgiving. Two families having little to give thanks for on this particular holiday. Sad for the babies family who is no longer with them, and for two adorable little girls who have no real idea why their daddy wont be picking them up on thanksgiving day like he promised. And this is why i feel so guilty. Because i shouldnt want them to spend thanksgiving with an irresponsible parent who caused the death of a young innocent little angle who's family is suffering unspeakable pain due to that irresponsibility.He shattered two families lives for one STUPID night of "fun".

Martin - May 29, 2011 12:38 AM

i wish our law would be much harsher
i life is usually lost when people drive drunk, and i think the death penalty should be applied for people who willing to drive drunk and kill someone. the attempt to drive drunk as in of itself to me is no less than the attempt to murder someone.we should give the needle and thts enough said. the golden rule an eye for an eye.

luis Tristan - April 23, 2012 9:57 PM

In 2006 I was charged with intoxication manslaughter. I was given ten years probation, community service, and some alcohol classes. I have finished everything but still paying on fees. Its been 5 years. Is there anyway that I could get off early?

luis Tristan - April 23, 2012 9:58 PM

In 2006 I was charged with intoxication manslaughter. I was given ten years probation, community service, and some alcohol classes. I have finished everything but still paying on fees. Its been 5 years. Is there anyway that I could get off early?

Nurhan - October 2, 2012 2:14 PM

Blogging by comment.I'm bireud under huge piles of case records and impending brief deadlines and assorted other work chaos. So instead of giving you zinging original content today, I'm going to be lazy and send you over to Sherry's Place, where I've

Shelley - November 19, 2012 3:10 PM

There are a group of kids I this small community that chose to drink one night and get in a vehicle. Because of the incident they had an accident which cost one chil her life. They were all drinking and this was a one vehicle accident. Should this 17yr old be convicted to the max for making stupid choices as all the kids were drinking that were involved. How are his chances of less punishment under the circumstanses

Jesus Puente - July 9, 2014 11:15 PM

I have a question.... My sister is a psychologist... She'd had drank a night before and woke up real early in the following morning about 6 am..... And she'd crashed luckily thank god nobody was severely injured... Only a broken ankle...from the driver of other car. She was taken to hospital.... And alcohol showed up at 0.09 which she bearly failed it.....could she still be charged with intoxication manslaughter.... Even though she was not drunk at that moment.... She only had residues of alcohol in the blood from the last night?

Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?
Send To A Friend Use this form to send this entry to a friend via email.