Intoxication Manslaughter Attorneys in The Woodlands Minimizing the Impact of Intoxication Manslaughter Charges
Intoxication manslaughter is the highest degree of driving while intoxicated (DWI) charges. Intoxication manslaughter results from someone accidentally killing another person while driving a vehicle under the influence of drugs, alcohol, or both.
Texas leads the United States in fatal drunk driving accidents. Nearly 40 percent of all traffic fatalities happen because of alcohol. Every year more than 1,000 people in Texas lose their lives in drunk driving crashes.
A person facing intoxication manslaughter charges could end up in prison for two to 20 years with a conviction. Attorneys with Morgan Bourque Attorney at Law have the needed success rate in helping clients resolve complex cases like intoxication manslaughter.
What Accidents Do Drunk Drivers Cause?
Impaired driving leads to bodily injury and death when the circumstances are right. Drug and alcohol consumption causes poor decision-making on the road and impacts a person’s judgment, coordination, and reaction time.
Reckless and careless driving, such as speeding, falling asleep at the wheel, and driving into oncoming traffic, are some ways drunk drivers create a dangerous environment for other drivers, passengers, and themselves.
Typical drunk or drugged driving accidents cause a variety of wrecks, including rear-end collisions, pedestrian accidents, and wrong-way wrecks. From serious bodily injury to property damage to death, impaired driving is one of the leading causes of preventable fatalities.
What are the Charges for Intoxication Manslaughter?
A person commits intoxication manslaughter if they are operating a motor vehicle in a public place, including an airplane, boat, or amusement ride, or assembling a mobile amusement ride. An intoxicated person who causes another person’s death by accident or mistake is considered intoxication manslaughter.
If convicted, the potential sentence for intoxication manslaughter is two to 20 years in prison and fines of up to $10,000.
Prosecutors must prove every element of intoxication manslaughter to secure a conviction. This includes showing that the driver was “operating a vehicle,” “in a public place,” “while intoxicated,” and “because of intoxication caused the death of another person.” Without the latter, it is considered vehicular manslaughter, a different charge.
Can I Refuse a Field Sobriety Test?
Texas implied consent laws say that taking a person’s breath or blood sample without a warrant unless the individual willingly participates is unconstitutional. Without a breathalyzer or blood sample, there is less evidence for the prosecution to work with, which could benefit you in your case. However, there are penalties for refusal.
Immediate refusal of a field sobriety test will likely cause you to lose your license for 180 days for a first-time offense, two years for a second DWI offense, and a subsequent third offense. There is a short, 15-day window in which you can request an administrative hearing to prevent license suspension in most cases.
You must hire a DWI lawyer immediately after your arrest to prevent license suspension and get your overall affairs in order regarding your DWI offense. If you refused a field sobriety test, it’s time to contact the attorneys of Morgan Bourque Attorney at Law, to represent you:713-766-3733.
Can a Lawyer Help My Chances in Court?
You might think there isn’t anything that can be done to overcome intoxication manslaughter charges, though that is not the case. Attorneys with Morgan Bourque Attorney at Law, will use various defense strategies to challenge the charges against you.
This might include questioning the validity of a sobriety test (if applicable), proving the victim’s death was unrelated to alcohol consumption or using other factors such as weather conditions or the surface of the road to confirm the charge wasn’t a criminal offense.
Don’t let a charge take away your freedom, family, career, and future without a fight. Morgan Bourque Attorney at Law, and our attorneys will help you through the challenges of an intoxication manslaughter charge, from investigating, interviewing witnesses, gathering evidence, and building a case in your favor.
Contact our team today for your consultation: 713-766-3733.