If you live in the Houston, Texas, area and are facing criminal felony charges, you need an intoxication manslaughter lawyer who will give you the best representation possible.
The experienced, trial-tested team of Houston criminal defense attorneys at the Law Office of David A. Breston is exactly who you or your loved one need by your side. It is essential to preserve any critical evidence immediately to best defend your legal rights when we are discussing your case.
Here is what else you need to know about intoxication manslaughter in Houston and the best defense strategies for you and your future.
It is important to first understand the different intoxication charges in the legal system, which include intoxication manslaughter, vehicular manslaughter, and intoxication assault.
Intoxication manslaughter, or DWI, according to the Texas Penal Code, is when an intoxicated driver (under the influence of drugs or alcohol at the time of the crash) causes the death of another person while driving a vehicle.
This charge is when someone is driving a motor vehicle while intoxicated and causes another person serious bodily injury on the road.
When a person causes the death of another person because of reckless or negligent driving, the charge is vehicular manslaughter. The driver, however, was not intoxicated at the time of the car accident.
No matter the details of the intoxication manslaughter case, the prosecutor must prove beyond a reasonable doubt that the defendant, innocent until proven guilty, caused death because of intoxicated driving and should be charged with intoxication manslaughter.
Three fundamental ways to counter the prosecutor’s argument are to:
An expert Houston intoxication manslaughter lawyer in criminal defense will disprove that there was intoxication at the time of the accident beyond a reasonable doubt. This can be done by sifting through the evidence of breath and blood tests and footage from field sobriety tests.
Your Houston intoxication manslaughter attorney can dive into why the cause is not because of intoxication, but actually from bad road conditions, the other driver’s actions, or a car defect. The best DWI attorney in Houston could also argue the accident happened because of self-defense or in a moment of passion or temporary insanity.
Police officers must abide by the Fourth Amendment, which protects against unreasonable search and seizures, and the Fifth Amendment, which protects your Miranda Rights, or your right to remain silent.
Breath and blood tests are not always as solid as they seem. Problems with calibration, improper storage, or even simple human error can throw off the results. If there is any doubt about how samples were handled, your Houston intoxication manslaughter lawyer may challenge the chain of custody or push for lab documentation that shows where the process broke down.
In cases where the facts are unclear or intent is not obvious, your defense team may argue for charges like criminally negligent homicide or intoxication assault instead. Plea negotiations may also give you a chance to avoid mandatory sentences and reduce the long-term impact on your future.
The first few days after an intoxication manslaughter arrest can bring a mix of confusion and urgency. You may be unsure of what to expect from the courts or what steps will come next. Each stage plays a part in how your case develops.
After an arrest, you may be held in custody or released on bond depending on the facts of the case. Some judges will consider factors like prior criminal history, the seriousness of the charge, and any community ties before setting bail. If the bond is denied or set too high, a hearing may be scheduled to review it.
The arraignment is your first court date, where the charges are read and a plea is entered. This hearing can also affect what happens later with motions, trial preparation, and license status. Judges often apply the factors outlined in Texas Code of Criminal Procedure Art. 17.15 when deciding conditions of release.
Felony cases like intoxication manslaughter must be reviewed by a grand jury. Prosecutors present the evidence, and if the grand jury agrees there is probable cause, it issues an indictment. This starts the formal court process and opens the door to discovery and legal motions.
There is usually a short gap between the arrest and indictment. That time is often used to gather records, interview witnesses, or conduct lab analysis. The Texas Penal Code § 49.08 defines intoxication manslaughter as causing death while operating a motor vehicle under the influence of alcohol or drugs.
In addition to the criminal case, a separate license suspension process begins almost immediately. The Administrative License Revocation (ALR) hearing is your chance to contest that suspension and ask questions about what led to the arrest. Common issues raised at this hearing include:
The notice that triggers this process is explained in Texas Transportation Code § 524.011, which gives law enforcement authority to begin license suspension after certain arrests.
If you or your loved one has been charged with intoxication manslaughter in the Houston area, contact and consult with one of our Houston intoxication manslaughter attorneys at the Law Office of David A. Breston. We have successfully defended more than 4,000 clients, and we know we can do the same for you.
