Intoxication Assault & Manslaughter Charges

Intoxication Assault & Manslaughter

§ 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.

This offense occurs when a person who is Driving While Intoxicated runs into someone else and kills them, or they can be charged with killing a passenger in their own car. The cause of death has to be proved to be the actions of the person charged. This is a common issue that is disputed and litigated in court.

The difference between Intoxication Manslaughter and Intoxication Assault is that Intoxication Assault charges the person with causing serious bodily injury to another. Serious Bodily Injury may be contested and many times this type of case will be charged as a misdemeanor until the extent of injuries can be determined at which point the state can increase the charges and indict the higher offense.

§ 49.07 Intoxication Assault

  • (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) 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.

As of September 1st, 2009, blood draws may be performed for these types of cases without a warrant.