Vehicular manslaughter is a criminal offense defined as the unintentional killing (homicide) of another person as a result of criminal negligence or recklessness while operating a motor vehicle—often while the operator is intoxicated by alcohol or drugs, engaged in a high risk activity such as street racing, or committing a misdemeanor or infraction offense (speeding) with ordinary negligence.
Vehicular manslaughter is usually a felony offense and often includes significant jail or prison time as potential punishment. Vehicular manslaughter laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.
In Texas, vehicular manslaughter, often referred to as 'intoxication manslaughter' when involving a drunk driver, is considered a serious criminal offense. It is defined under Texas Penal Code Section 49.08 and occurs when an individual operates a motor vehicle in a public place while intoxicated, and by reason of that intoxication causes the death of another person. Intoxication manslaughter is 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. Additionally, if the offense is committed with a deadly weapon (which can include a vehicle), the offender may face even harsher consequences. Texas law also recognizes 'manslaughter' under Penal Code Section 19.04, which involves recklessly causing the death of another individual, and can apply to vehicular-related deaths not involving intoxication. This offense is also a second-degree felony, carrying similar penalties to intoxication manslaughter. It is important to note that Texas does not have a separate statute for vehicular manslaughter caused by ordinary negligence; such cases may be prosecuted under different statutes depending on the specific circumstances.
