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 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.
Read on for the more detailed differences:
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 accident.
No matter the details of the 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 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 defense 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 attorney 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 that protects against unreasonable search and seizures and the Fifth Amendment that protects your Miranda Rights, or your right to remain silent.
If you or your loved one has been charged with intoxication manslaughter in the Houston area, contact and consult with one of our criminal defense 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.
During the COVID-19 crisis, Law Office of David A. Breston is fully operational and we can help you by phone, video or in-person when needed! Call us at (713) 224-4040.