Intoxication Manslaughter | Texas Penal Code § 49.08.

What is Intoxication Manslaughter a/k/a Intoxicated Manslaughter?

Intoxication Manslaughter is causing the death of another while operating a vehicle, boat, plane, or amusement ride of any kind under the influence of alcohol or drugs.

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.

What is the Punishment for Intoxication Manslaughter in Texas?

Intoxication Manslaughter is a crime punishable as a second-degree felony in Texas. A second-degree felony is punishable by a fine up to $10,000 and from two to twenty years in prison.

(See 12.33)

What is Intoxication Assault?

Intoxication Assault is defined as causing serious bodily injury of another while operating a vehicle, boat, plane, or amusement ride of any kind under the influence of alcohol or drugs.

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 an 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.

What is the Punishment for Intoxication Assault in Texas?

Intoxication Assault is punishable by a fine of up to $10,0000 and two to ten years in prison.

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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