Intoxication Manslaughter

From the Law Office of Alison Grinter in Dallas, Texas

Contents 1 Degree 2 Statute(s) 3 Caselaw 4 Collateral Consequences 5 Notes

Degree

Intoxication manslaughter is a Second Degree Felony, but if the person caused the death of a peace officer, a firefighter, or emergency medical services personnel as they were discharging their official duties, then it becomes a First_Degree_Felony

Statute(s)

§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) Except as provided by Section 49.09, an offense under this section is a felony of the second degree.

Added by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1999, 76th Leg., ch. 1364, Sec. 11, eff. Jan. 1, 2000. Amended by: Acts 2007, 80th Leg., R.S., Ch. 662, Sec. 3, eff. September 1, 2007.

Caselaw

Collateral Consequences

License Suspension

Ineligible for Deferred Adjudication

Surcharges
Adoption and Foster Care

Notes

The 2009 legislature gave police the power to force persons arrested for Chapter 49 offenses involving the operation of a motor vehicle to submit to warrantless blood draws if the person was

a.) an individual other than the person [driving] has suffered bodily injury and was transported to a hospital or other medical facility for medical treatment;
b.) the person is under arrest for DWI with a child passenger under 15;
c.) the officer has reliable information that the person has been previously convicted of DWI two or more times; or
d.) the officer has reliable information that the person has been previously convicted of DWI with a child passenger under 15, intoxication assault, or intoxication manslaughter.