Intoxication Manslaughter in Corpus Christi: Defending Against the Most Devastating DWI Charge

Few criminal charges carry the weight and gravity of intoxication manslaughter. When a DWI results in the death of another person, the consequences are life-altering—not only for the victim’s family but for the accused as well. In Corpus Christi and throughout the Coastal Bend, intoxication manslaughter is prosecuted with the full force of the law. A conviction can result in decades in prison, a permanent felony record, and the lifelong burden of knowing that a life was lost. When you are facing the most serious DWI charge in Texas, you need a defense attorney who understands the gravity of the accusation and will fight to protect your rights, your freedom, and your future.

At Barton & Associates, Attorneys at Law, we defend individuals throughout Corpus Christi and the Coastal Belt who are charged with intoxication manslaughter. Whether the incident occurred on South Padre Island Drive, Staples Street, the Crosstown Expressway, or any other location in Nueces County, we provide the aggressive, knowledgeable representation you need to protect your rights. With extensive experience in the Nueces County criminal courts and a deep understanding of DWI defense, we guide our clients through every stage of this complex and emotionally charged process.

Understanding Intoxication Manslaughter in Texas

Intoxication manslaughter is defined under Section 49.08 of the Texas Penal Code. The offense occurs when a person operates a motor vehicle in a public place while intoxicated and, by reason of that intoxication, causes the death of another person.

Elements of the Offense

The state must prove:

• You operated a motor vehicle in a public place

• You were intoxicated (BAC of 0.08 or above, or loss of normal faculties)

• Your intoxication was the cause of the death of another person

The state does not need to prove that you intended to cause harm—only that your intoxication was a contributing cause of the death.

Penalties for Intoxication Manslaughter

Intoxication manslaughter is a second-degree felony, punishable by:

• 2 to 20 years in the Texas Department of Criminal Justice

• Fine up to $10,000

• Driver’s license suspension (180 days to 2 years)

• Mandatory DWI intervention program

• Ignition interlock device (upon license reinstatement)

Enhanced Penalties

Certain circumstances can enhance the penalty to a first-degree felony (5 to 99 years or life):

• The victim was a peace officer, firefighter, or emergency medical services personnel

• The victim was a child under 15 years of age

• The offense involved a boat, aircraft, or other watercraft

How Intoxication Manslaughter Charges Arise in Corpus Christi

Intoxication manslaughter charges in Corpus Christi typically arise from:

Traffic Accidents

A fatal accident occurs on South Padre Island Drive, Staples Street, the Crosstown Expressway, Interstate 37, or other Corpus Christi roadways. Investigation reveals that the driver was intoxicated.

Single-Vehicle Accidents

A driver loses control, crashes, and a passenger is killed. The driver is charged with intoxication manslaughter.

Multi-Vehicle Collisions

A drunk driver collides with another vehicle, causing the death of the other driver or passengers.

Pedestrian Accidents

A driver strikes and kills a pedestrian while intoxicated.

The Consequences of an Intoxication Manslaughter Conviction

A conviction for intoxication manslaughter carries consequences that extend far beyond the criminal sentence:

Criminal Penalties

• Prison time: 2 to 20 years (or 5 to 99 years or life if enhanced)

• Fine: Up to $10,000

• Parole eligibility: Must serve at least half of the sentence before parole eligibility

Driver’s License

• Suspension for 180 days to 2 years

• Annual surcharge of $2,000 for 3 years

• Ignition interlock required upon reinstatement

Felony Record

A second-degree felony conviction remains on your record permanently. It affects:

• Employment opportunities

• Professional licensing

• Housing applications

• Firearm rights

• Voting rights (during incarceration and while on parole)

Civil Liability

In addition to criminal penalties, you may face civil wrongful death lawsuits from the victim’s family.

Psychological Impact

The knowledge that your actions resulted in a death is a burden that many individuals carry for life.

Defending Against Intoxication Manslaughter

A strong defense can mean the difference between a conviction and an acquittal, or between a long prison sentence and a lesser sentence. Common defense strategies include:

Challenging Causation

The state must prove that your intoxication caused the death. Your attorney may challenge:

• Whether the death was caused by the accident or by other factors

• Whether another driver’s actions contributed to or caused the accident

• Whether the victim’s own actions contributed to the death

• Whether the accident was unavoidable regardless of intoxication

Challenging the Traffic Stop or Accident Investigation

If the initial stop or accident investigation was flawed, your attorney may challenge:

• Whether the officer had reasonable suspicion to stop you

• Whether the investigation was conducted properly

• Whether evidence was improperly collected or preserved

Challenging Field Sobriety Tests

Field sobriety tests are not always reliable. Your attorney may challenge:

• Whether the tests were administered properly

• Whether the officer was properly trained

• Whether physical or medical conditions affected your performance

Challenging the Breathalyzer

Your attorney may challenge:

• Whether the Intoxilyzer 9000 was properly calibrated

• Whether the operator was certified

• Whether there were interfering factors (mouth alcohol, medical conditions)

• Whether the test was administered within the proper time frame

Challenging the Blood Test

Your attorney may challenge:

• Whether the blood was properly drawn

• Whether the chain of custody was maintained

• Whether the sample was properly stored

• Whether the test results are accurate

• Whether the blood draw was performed with a warrant or valid consent

Rising Blood Alcohol Defense

Alcohol takes time to absorb into the bloodstream. If you were drinking shortly before driving, your BAC may have been below 0.08 at the time of driving but rose above 0.08 by the time of the test.

Medical Conditions

Certain medical conditions can mimic signs of intoxication or affect test results, including:

• Diabetes

• Neurological disorders

• GERD

• Inner ear problems

Accident Reconstruction

Expert accident reconstruction can challenge the state’s theory of how the accident occurred and whether intoxication was the cause.

The Intoxication Manslaughter Case Process

Understanding the process can help you navigate your case:

Step 1: Investigation

Following a fatal accident, law enforcement conducts a thorough investigation. This may take weeks or months.

Step 2: Arrest or Indictment

You may be arrested at the scene or later indicted by a grand jury.

Step 3: Arraignment

At arraignment, you are formally advised of the charges and enter a plea (usually not guilty). Bond is often high, and conditions may include no driving.

Step 4: ALR Hearing

You have only 15 days from arrest to request an Administrative License Revocation (ALR) hearing. Failure to request the hearing results in automatic license suspension.

Step 5: Discovery

Your attorney obtains discovery from the prosecutor, including:

• Police reports

• Accident reconstruction reports

• Body camera footage

• Breathalyzer logs and calibration records

• Blood test results and chain of custody

• Witness statements

Step 6: Expert Witnesses

Your attorney may retain expert witnesses, including:

• Accident reconstruction experts

• Toxicology experts

• Medical experts

• Forensic scientists

Step 7: Pre-Trial Motions

Your attorney may file pre-trial motions to suppress evidence, challenge the stop, or exclude unreliable evidence.

Step 8: Negotiation

Your attorney negotiates with the prosecutor to seek a favorable resolution. Options may include:

• Dismissal of charges

• Reduction to a lesser charge (such as intoxication assault or DWI)

• Plea agreement with a negotiated sentence

Step 9: Trial

If no agreement is reached, the case proceeds to trial. You have the right to a jury trial. The state must prove each element of the offense beyond a reasonable doubt.

Frequently Asked Questions About Intoxication Manslaughter

What is the penalty for intoxication manslaughter in Texas?

Intoxication manslaughter is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000.

Is intoxication manslaughter a felony?

Yes. Intoxication manslaughter is a second-degree felony, which can be enhanced to a first-degree felony in certain circumstances.

What is the difference between intoxication manslaughter and murder?

Intoxication manslaughter does not require intent to kill. It requires only that the person was intoxicated and that the intoxication caused a death. Murder requires intent or extreme recklessness.

Can I get probation for intoxication manslaughter?

Probation (community supervision) is rarely granted for intoxication manslaughter. In most cases, a conviction results in prison time.

How long is the license suspension for intoxication manslaughter?

Your driver’s license can be suspended for 180 days to 2 years. You will also face an annual surcharge of $2,000 for 3 years.

What is the blood alcohol limit for intoxication manslaughter?

There is no separate limit. The standard DWI limit of 0.08 applies. The offense requires that you were intoxicated at the time of the accident.

How long does an intoxication manslaughter case take?

These cases often take longer than other DWI cases due to the complexity of the investigation, accident reconstruction, and forensic evidence. Cases can take a year or more to resolve.

Will I lose my license immediately?

Your license may be suspended administratively through the ALR process. You have only 15 days from arrest to request a hearing.

Can I be sued civilly as well as criminally?

Yes. The victim’s family may file a wrongful death lawsuit against you. An intoxication manslaughter conviction can be used as evidence in the civil case.

Do I need an attorney for intoxication manslaughter?

Yes. Intoxication manslaughter is one of the most serious criminal charges in Texas. A conviction can result in years in prison and lifelong consequences. An experienced criminal defense attorney can help you understand your rights, challenge the evidence, and protect your future.

Why Barton & Associates Is the Right Choice for Your Defense

Intoxication manslaughter is among the most serious criminal charges in Texas. A conviction can result in years in prison, the permanent loss of your rights, and the lifelong burden of knowing that a life was lost. At Barton & Associates, Attorneys at Law, we have extensive experience defending individuals against intoxication manslaughter charges in the Nueces County criminal courts.

Our attorneys understand the nuances of DWI defense, accident reconstruction, forensic evidence, and the strategies for challenging causation. We work closely with our clients to investigate the facts, retain expert witnesses, and develop a defense strategy tailored to the unique circumstances of each case.

We also understand that an intoxication manslaughter charge is devastating for everyone involved. Our attorneys approach these cases with compassion and dedication, helping our clients navigate the legal system while protecting their rights, their freedom, and their future.

Protect Your Freedom and Your Future Today

If you are facing intoxication manslaughter charges in Corpus Christi, your freedom and your future are on the line. A conviction can result in years in prison, the permanent loss of your rights, and lifelong consequences. Do not wait. The decisions you make now will determine the outcome of your case.

Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you defend against intoxication manslaughter charges and protect your future.

Main Category: Criminal Defense Corpus Christi
Practice Area Category: DWI & Intoxication
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780