A DWI investigation changes dramatically when another person dies.
What might otherwise have been prosecuted as Driving While Intoxicated can become Intoxication Manslaughter, a serious felony carrying years in prison.
And when another person survives but suffers serious bodily injury, Texas law provides a related offense: Intoxication Assault.
These cases frequently begin at chaotic crash scenes involving injured people, emergency medical personnel, witnesses, vehicle debris, blood testing, body cameras, and officers attempting to determine what happened while medical treatment is still underway.
At Taylor Defense Firm, we separate that chaos into the elements the State must actually prove.
- Was the accused legally intoxicated?
- Was the accused operating the vehicle or other covered equipment?
- Did the intoxication cause the death?
- What does the crash reconstruction establish?
- What does the blood or breath evidence actually prove?
- Were the samples lawfully obtained and reliably tested?
- Were there other causes of the collision or death?
In an Intoxication Manslaughter case, both intoxication and causation matter.
What Is Intoxication Manslaughter in Texas?
Texas Penal Code §49.08 generally provides that a person commits Intoxication Manslaughter when the person, while intoxicated, operates a motor vehicle in a public place, operates an aircraft, watercraft, or amusement ride, or assembles a mobile amusement ride, and by reason of that intoxication causes the death of another by accident or mistake.
The State therefore does not have to prove that the accused intended to kill anyone.
The prosecution must instead establish the statutory intoxication offense and the required causal connection between the intoxication and the death.
What Does "Intoxicated" Mean in Texas?
Texas law generally provides two principal ways of establishing intoxication:
- not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug, a combination of substances, or another substance introduced into the body;
- or
- having an alcohol concentration of 0.08 or more.
Those are different theories.
A case involving a reported alcohol concentration should not be reduced to a single number without examining how the sample was obtained, when it was obtained, how it was tested, and what the result actually means in relation to the time of the alleged offense.
What Is the Punishment for Intoxication Manslaughter?
Intoxication Manslaughter is ordinarily a second-degree felony.
The ordinary punishment range is:
- 2 to 20 years in prison; and
- a possible fine of up to $10,000.
But the base punishment range is not the end of the analysis.
Texas law provides circumstances in which the offense can be punished more severely, including certain cases involving specified public servants and emergency personnel.
Prior convictions and other legally applicable enhancement provisions may also affect the punishment range.
The actual exposure should be determined from the indictment, alleged facts, criminal history, and enhancement allegations rather than from the base offense alone.
Intoxication Manslaughter Is Different From Ordinary Manslaughter
Both offenses can involve an unintended death, but their statutory theories are different.
Ordinary Manslaughter under Texas Penal Code §19.04 requires proof that the accused recklessly caused the death of an individual.
Intoxication Manslaughter under §49.08 focuses instead upon intoxication, operation, and causation of death by reason of that intoxication.
This distinction is important.
The State does not simply prove Intoxication Manslaughter by proving ordinary recklessness.
It must prove the elements of the intoxication offense actually charged.
What If Nobody Dies but Someone Is Seriously Injured?
That can result in Intoxication Assault under Texas Penal Code §49.07.
Intoxication Assault frequently arises when an allegedly intoxicated driver is involved in a collision in which an innocent motorist, passenger, pedestrian, cyclist, or another person survives but suffers serious bodily injury.
The absence of a death does not make the case a routine DWI.
Intoxication Assault is itself a felony offense.
What Is "Serious Bodily Injury"?
Texas law defines serious bodily injury substantially more narrowly than simply an injury that hurts or requires medical treatment.
It generally means bodily injury that:
- creates a substantial risk of death;
- causes death;
- causes serious permanent disfigurement;
- or
- causes protracted loss or impairment of the function of any bodily member or organ.
In an Intoxication Assault prosecution where the injured person survives, medical records and expert evidence may become important in determining whether the injuries satisfy that statutory standard.
What Is the Punishment for Intoxication Assault?
Intoxication Assault is ordinarily a third-degree felony.
The ordinary punishment range for a third-degree felony is:
- 2 to 10 years in prison; and
- a possible fine of up to $10,000.
But Texas law provides circumstances that can elevate Intoxication Assault to a more serious felony classification, including specified situations involving certain public servants or emergency personnel and certain serious injuries.
The precise statutory allegations matter.
A person charged with Intoxication Assault should therefore not assume that the ordinary third-degree range necessarily represents the maximum exposure in the actual case.
Intoxication Assault and Intoxication Manslaughter Can Arise From the Same Crash
A single collision can injure several people differently.
One person may die.
Another may suffer serious bodily injury.
Others may suffer lesser injuries.
That can produce multiple criminal allegations arising from one event.
The number of victims, nature of their injuries, causal relationship to the alleged intoxication, and charging decisions of the State can therefore substantially affect the case.
Intoxication Alone Is Not Enough
This point is critical.
Intoxication Manslaughter does not simply mean:
"The driver was intoxicated and someone died."
The statute requires that the death be caused by reason of the intoxication.
Similarly, Intoxication Assault requires the statutory causal connection between intoxication and serious bodily injury.
That makes accident reconstruction and causation potentially central defense issues.
An Intoxicated Driver Is Not Automatically the Cause of Every Crash
Imagine an allegedly intoxicated driver traveling through an intersection when another vehicle unexpectedly runs a red light.
The presence of intoxication does not eliminate the need to determine how the collision actually occurred.
Depending upon the case, the investigation may examine:
- right of way;
- traffic-control devices;
- roadway design;
- vehicle speed;
- braking;
- steering;
- visibility;
- weather;
- lighting;
- actions of other drivers;
- mechanical condition;
- reaction time; and
- collision dynamics.
Intoxication can be powerful evidence.
It is not a substitute for proving causation.
Crash Reconstruction Can Be Critical
Serious injury and fatal crashes may generate substantial physical and electronic evidence.
That can include:
- vehicle event-data recorders;
- airbag-control modules;
- infotainment systems;
- GPS information;
- cell-phone data;
- surveillance cameras;
- dash cameras;
- roadway cameras;
- skid or tire marks;
- gouge marks;
- debris fields;
- final resting positions;
- vehicle crush patterns;
- photographs;
- measurements; and
- witness observations.
Proper reconstruction can help determine what each vehicle was doing in the seconds before impact.
Blood Evidence Deserves Careful Examination
Fatal and serious-injury crashes frequently involve blood testing.
A laboratory number should not end the investigation.
We may examine:
- Who drew the blood?
- When was it drawn?
- Was there a warrant?
- Was consent claimed?
- How was the sample collected?
- How was it labeled and stored?
- What chain of custody exists?
- What testing method was used?
- Were quality-control procedures followed?
- What uncertainty exists in the measurement?
- How much time passed between driving and the blood draw?
These questions address both admissibility and the weight of the evidence.
A Later Blood Result Is Not Necessarily the Alcohol Concentration at the Time of Driving
Alcohol concentration changes over time.
Depending upon when alcohol was consumed, a person's concentration may have been rising, falling, or near a peak when driving occurred.
A blood sample obtained significantly later measures the concentration at the time of the blood draw.
Determining what that result establishes about an earlier point in time can require additional evidence and, in appropriate cases, expert analysis.
Drug Cases Can Be More Complicated Than Alcohol Cases
Intoxication allegations are not limited to alcohol.
Cases may involve:
- prescription medications;
- controlled substances;
- marijuana or THC;
- sedatives;
- stimulants;
- pain medication; or
- combinations of substances and alcohol.
Detecting a substance in blood does not necessarily answer whether that substance caused the loss of normal mental or physical faculties at the relevant time.
Concentration, pharmacology, timing, tolerance, interactions, observed behavior, and other evidence may become important.
Field Sobriety Evidence May Be Affected by the Crash Itself
Standardized field sobriety testing can become difficult after a serious collision.
A person may have:
- physical injuries;
- shock;
- pain;
- fatigue;
- head trauma;
- balance problems;
- emotional distress;
- medication administered by EMS; or
- environmental difficulties at the scene.
Those circumstances should be considered when evaluating performance on roadside tests.
Hospital Records Can Become Important
A serious crash may result in immediate medical treatment before a conventional DWI investigation is completed.
Hospital records may contain:
- blood testing;
- toxicology;
- medications administered;
- observations by medical personnel;
- diagnoses;
- injuries;
- timing information; and
- statements concerning the collision.
Medical testing and forensic law-enforcement testing are not necessarily performed for the same purpose or under identical procedures.
The distinction can matter.
The Other Driver's Conduct Still Matters
A deceased or seriously injured person is naturally the focus of sympathy.
But the defense investigation must still determine what happened.
Evidence may show that another driver:
- ran a traffic signal;
- failed to yield;
- changed lanes;
- entered the roadway unexpectedly;
- was speeding;
- was distracted;
- was impaired;
- lacked required lighting; or
- otherwise contributed to the collision.
Evidence concerning another person's conduct does not automatically eliminate criminal liability.
But it may be highly relevant to causation.
The Vehicle Itself May Need to Be Preserved
A severely damaged vehicle can contain evidence that disappears once the vehicle is destroyed, repaired, sold, or released.
Depending upon the case, preservation may be important for:
- electronic data;
- brakes;
- tires;
- steering;
- lights;
- restraint systems;
- airbags;
- mechanical components; and
- collision damage.
Early evidence preservation can be especially important in a fatal crash investigation.
Statements at the Scene Can Become Evidence
Drivers involved in catastrophic crashes may be injured, frightened, confused, or in shock.
Police body cameras may record statements before the person fully understands the seriousness of the investigation.
We examine:
- What was said?
- Was it spontaneous or the product of questioning?
- Was the person detained or in custody?
- Were Miranda warnings required?
- What injuries or medications affected the person?
- Was the complete conversation preserved?
- Does physical evidence support the statement?
The complete circumstances matter.
Multiple Deaths or Injuries Can Dramatically Increase Exposure
A catastrophic collision can involve multiple victims.
Prosecutors may seek separate counts based upon separate deaths or injuries where Texas law permits.
That can make the overall punishment analysis significantly more complicated than simply reading the range for one count of Intoxication Manslaughter or Intoxication Assault.
The indictment and each alleged victim should be analyzed separately.
Build the Case Second by Second
At Taylor Defense Firm, we may reconstruct an Intoxication Manslaughter or Intoxication Assault case as:
activities before driving → alcohol or substance evidence → vehicle movement → seconds before collision → impact → vehicle data → emergency response → observations of driver → medical treatment → blood or breath collection → death or serious bodily injury → laboratory testing → crash reconstruction → autopsy or medical findings → charging decision.
We then ask:
- Can the State prove intoxication?
- What evidence supports that conclusion?
- Was the chemical evidence lawfully obtained and reliably tested?
- What caused the collision?
- Did intoxication cause the death or serious bodily injury?
- What did the other vehicles or people do?
- What does the electronic vehicle data show?
- What do the medical and forensic records establish?
- Are there multiple alleged victims?
- And what punishment range actually applies to each charged offense?
A fatal or catastrophic crash is emotionally devastating.
That seriousness does not reduce the State's burden of proof.
In an Intoxication Manslaughter or Intoxication Assault prosecution, the evidence must establish not merely intoxication and a terrible result, but the causal connection Texas law requires between them.