Some people think that having a few drinks with friends is really no reason not to drive home. Many people, at least every now and then, drink and then drive and assume that nothing really bad will happen. Most of the time, they are right, and they make it home safely. But for some people, a few drinks can easily become “a few too many.” That is a recipe for disaster. Even having “a few” drinks before getting behind the wheel can turn into a bad situation quickly.
Driving While Intoxicated Can Lead to Fatal Accidents
People get in traffic accidents all the time when they have not had anything to drink. Some of those accidents are fatal. Once you have been drinking or using drugs, your ability to operate a vehicle declines. You do not have to be sloppy drunk, weaving all over the road, to be more likely to have an accident. Your reaction time suffers after a single drink, and Texas law includes any level of impairment – mental or physical – as “intoxicated.” While the statute lists a blood alcohol level of .08% as intoxicated, the first definition listed simply defines intoxicated as not having “normal use of mental or physical faculties” because you have been drinking or using drugs. If you are involved in a fatal accident that is your fault while you are intoxicated – no matter how little you had to drink – you can count on being charged with intoxication manslaughter.
As bad as a DWI charge in Texas can be, an intoxication manslaughter charge is worse. Much worse. While a first-time DWI charge is a Class B misdemeanor in Texas, a first-time intoxication manslaughter charge is a second-degree felony. Instead of three days in jail, plus fines, license suspension, and probation for a first-offense DWI, you are looking at punishment that includes:
- At least two years in prison, and up to 20 years’ imprisonment
- A fine of up to $10,000
Further, there are aggravating circumstances that can turn that intoxication manslaughter charge into a first-degree felony. That bumps the potential punishment up to at least five years in prison, with a sentence of up to 99 years in prison possible. You also could face a fine of up to $10,000. Even without the aggravating circumstances, never mind the mental guilt likely to accompany causing the death of an innocent person, the punishment is bad enough to want to avoid charges for intoxication manslaughter.
If You are Charged With Intoxication Manslaughter Assault in Houston, Talk to Madrid Law Firm
Intoxication manslaughter is a serious charge. If you are facing such charges, you need to talk to a defense attorney as soon as possible. Talk to the Madrid Law Firm and find out what your options are.
