Intoxication Manslaughter | Texas Penal Code § 49.08.

Ever wonder what the penalty is if someone drives drunk and causes the death of another person or causes serious injury?  Intoxication Manslaughter is causing the death of another while driving under the influence. In Texas, intoxication manslaughter falls under the section 49 of the Texas Penal Code.

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.

Punishment for Intoxication Manslaughter

Intoxication Manslaughter is a crime punishable as a second degree felony in Texas. 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.

Intoxication Assault Punishment

Intoxication Assault is punishable as a third degree felony in Texas. 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 lawyer regarding a drunk driving accident or to investigate a potential Dram Shop Liability claim, call or text us today at 713-932-0777.

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Author

Paul Cannon

Paul Cannon has practiced personal injury trial law since 1995. He is Board Certified in Personal Injury Trial Law (2005). He has earned recognition as a Super Lawyer by Thompson Reuters in 2017 & 2018, and as a Top 100 Trial Lawyer by the National Trial Lawyers Association in 2017. He is a Shareholder, trial lawyer and online marketing manager at Simmons and Fletcher, P.C. His legal writings have been published by the Texas Bar Journal, Business.com, Lawyer.com HG Legal Resources, Lawfirms.com, and others. He has been asked to give education talks and media interviews on dog bite law.