Intoxication Manslaughter in Texas | Houston Attorney

Intoxication manslaughter is a second-degree felony in Texas — a death caused by intoxicated driving. It requires no intent to harm anyone; the death results from the intoxicated operation of a vehicle. These are the most serious cases the Vehicular Crimes Team handles — and they are exactly the cases our attorneys worked as prosecutors, from the crash scene through trial. Two elements decide them: intoxication and causation, and both can be fought.

If you or a loved one is facing an intoxication manslaughter charge in Houston, Harris County, or Galveston, Brian Foley and Luis Baez can help.

What the Law Covers

Under Texas Penal Code § 49.08, a person commits intoxication manslaughter by, while operating a motor vehicle in a public place while intoxicated, causing the death of another by accident or mistake. The State must prove intoxication at the time of driving and that the intoxicated operation caused the death.

Penalty Range

Circumstance	Offense Level	Punishment
Intoxication manslaughter	Second-Degree Felony	2 – 20 years prison; up to $10,000 fine
Victim is an on-duty peace officer, firefighter, or EMS	First-Degree Felony	5 – 99 years or life; up to $10,000 fine

The vehicle as a "deadly weapon"

Courts often enter a deadly-weapon finding based on the vehicle, which restricts parole eligibility and can require serving a large share of the sentence. Contesting that finding is an important part of the defense.

How These Cases Are Defended

Challenging intoxication. The blood draw, its testing and chain of custody, retrograde-extrapolation assumptions, and the timing of intoxication relative to driving are all subject to attack.
Causation. The State must prove your driving caused the death. In multi-vehicle crashes and cases with other contributing factors, accident reconstruction frequently undermines that link.
Insider knowledge. Because our attorneys built these cases as prosecutors, we know the investigative playbook and where it fails.
Punishment and mitigation. Where a conviction cannot be avoided, we develop mitigation aimed at probation or the low end of the range and at defeating the deadly-weapon finding.
Early evidence preservation. We move quickly to preserve scene evidence, vehicle data, and video before it is lost.

Collateral Consequences

An intoxication-manslaughter conviction carries years to decades in prison, a deadly-weapon finding, loss of firearm and voting rights, and substantial civil liability. Given the stakes — and how often intoxication and causation are genuinely disputed — an experienced, reconstruction-driven defense engaged early is critical.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors who served on the Vehicular Crimes Team and worked intoxication-manslaughter cases from the scene forward. If you or a loved one is facing this charge in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

What is intoxication manslaughter in Texas?

Under Texas Penal Code § 49.08, a person commits intoxication manslaughter by, while operating a motor vehicle (or boat, aircraft, or amusement ride) in a public place while intoxicated, causing the death of another by accident or mistake. It does not require intent to kill — the death results from the intoxicated operation.

What is the punishment for intoxication manslaughter?

Intoxication manslaughter is a second-degree felony, punishable by 2 to 20 years in prison and a fine up to $10,000. It rises to a first-degree felony (5 to 99 years or life) when the person killed was a peace officer, firefighter, or EMS on duty. A vehicle can also be found to be a deadly weapon, which restricts parole eligibility.

Does the State have to prove my driving caused the death?

Yes. Causation is a required element — the State must prove that your intoxicated operation caused the death. In crashes involving multiple vehicles, road conditions, or the conduct of others, causation is frequently disputed, and accident reconstruction becomes central to the defense.

Can intoxication manslaughter be defended even after a fatal crash?

Yes. These cases turn on intoxication and causation, both of which can be challenged. The blood draw and its testing, the timing of intoxication relative to driving, and whether your driving actually caused the fatal outcome are all contestable. Our attorneys worked these cases as prosecutors and know exactly where they can break down.

Why does the attorneys' Vehicular Crimes background matter?

Intoxication manslaughter is the most serious case the Vehicular Crimes Team handles. Brian Foley and Luis Baez were dispatched to these scenes as prosecutors and trained in crash investigation, accident reconstruction, and blood-testing from start to finish. That inside experience is a major advantage on the defense side.