Texas Penal Code § 49.08. Intoxication Manslaughter.

Ever wonder what the penalty is if someone drives drunk and causes the death of another person or causes serious injury?  Causing the death of another while driving under the influence falls under the following law:

Texas Penal Code § 49.08. Intoxication Manslaughter.

(a) A person commits an offense if the person:

(1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and

(2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.

(b) An offense under this section is a felony of the second degree.

A second degree felony is punishable in Texas as follows:

§ 12.33. SECOND DEGREE FELONY PUNISHMENT.

(a) An individual adjudged guilty of a felony of the second degree shall be punished by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the second degree may be punished by a fine not to exceed $10,000.

Causing serious bodily injury while intoxicated falls under this law:

Texas Penal Code § 49.07 Intoxication Assault.

(a) A person commits an offense if the person, by accident or mistake:

(1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes serious bodily injury to another; or

(2) as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.

(b) In this section, “serious bodily injury” means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

(c) An offense under this section is a felony of the third degree.

A third degree felony is punishable in Texas as follows:

§ 12.34. THIRD DEGREE FELONY PUNISHMENT.

(a) An individual adjudged guilty of a felony of the third degree shall be punished by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years.

(b) In addition to imprisonment, an individual adjudged guilty of a felony of the third degree may be punished by a fine not to exceed $10,000.

Please don’t drink and drive. If you need to speak to a drunk driving accident lawyer, call us or visit our main website page dedicated to representing victims of drunk driving accidents.

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