If a person operates a motor vehicle while intoxicated and negligently causes an accident that results in the death of another person, the operator may be charged with the criminal offense of intoxication manslaughter.
Some states have a broader definition of the criminal offense of intoxication manslaughter and may charge an intoxicated person who negligently causes the death of another person while operating a motor vehicle, an aircraft, a watercraft, or an amusement ride with the crime of intoxication manslaughter. Intoxication manslaughter is a felony offense and may be punished by significant jail or prison time.
Laws vary from state to state, and some states have criminal offenses such as vehicular manslaughter or vehicular homicide, as provided by the state’s statutes, and may charge an intoxicated person who negligently causes the death of another motorist with such a crime.
Intoxication manslaughter laws are generally located in a state's statutes—often in the penal or criminal code.
In Texas, intoxication manslaughter is defined under Texas Penal Code Section 49.08. This law states that a person commits the offense if they operate a motor vehicle in a public place while intoxicated, and by reason of that intoxication, cause the death of another by accident or mistake. Intoxication manslaughter is considered a second-degree felony in Texas, which can result in significant penalties including imprisonment for 2 to 20 years, a fine of up to $10,000, or both. Texas law also extends the definition of intoxication manslaughter to the operation of an aircraft, a watercraft, or an amusement ride, not just motor vehicles. It's important to note that the term 'intoxicated' can refer to either alcohol or drugs, including prescription medications that impair the operator's faculties. An attorney can provide more detailed information about the specific circumstances of a case and the potential defenses that may be available to someone charged with intoxication manslaughter in Texas.
