Texas DWI Defense Attorney Talks about Intoxication Assault and Intoxication Manslaughter

An automobile wreck that occurred in August may give rise to an intoxication manslaughter charge against a driver who has been convicted of DWI twice and who was recently indicted on a third DWI charge. The driver was originally charged with intoxication assault, but a man who was injured in the August crash has died, so the charge against the driver could be enhanced to intoxication manslaughter.

When the driver was arrested for his third DWI in January of this year, the court had ordered that he drive a vehicle that was equipped with an ignition interlock device. When the driver was involved in the accident in August, he was driving a vehicle that did not have the court-ordered ignition interlock device on it.

Any DWI arrest can have serious consequences for the defendant, especially if they are later convicted of driving while intoxicated. There may be even more serious consequences for any driver who gets into an automobile accident while they are driving under the influence of alcohol, especially if anyone is injured in the crash or if anyone dies during the crash or later on as the result of injuries that they sustained in the wreck. Among the possible consequences that a driver may face if they get into an accident while driving under the influence of alcohol are charges of intoxication assault and intoxication manslaughter. It is important that drivers understand these charges, so that they can more fully understand the full extent of what could possibly happen if they drive while intoxicated.

The crimes of intoxication assault and intoxication manslaughter are described in Title 10 of the Texas Penal Code. Intoxication assault is described in Sec. 49.07 as occurring when a person, either by accident or mistake, causes serious bodily injury while they are driving a vehicle or operating an aircraft, amusement ride, or watercraft while intoxicated. Intoxication assault is a third degree felony, and it is punishable by a fine of up to ten thousand dollars and a sentence of two to ten years in prison.

Sec. 49.08 of the Texas Penal Code describes intoxication manslaughter as occurring when a person, either by accident or by mistake, causes the death of another person because they were driving a vehicle or operating an aircraft, amusement ride, or watercraft while intoxicated. Intoxication manslaughter is a second degree felony, and it is punishable by a sentence of two to ten years in prison and a fine of up to ten thousand dollars.

Any DWI can have serious consequences, and there is even more at stake if you are facing additional charges like intoxication assault or intoxication manslaughter. An experienced Texas DWI Defense Attorney can protect your rights and provide you with the comprehensive legal support that you need during this difficult time. Jack Pettit, Attorney at Law, has been serving Dallas area DWI clients for over thirty years. Call his office today, at 214-521-4567, to learn more.

Tags:

Comments are closed.