Houston Defense Lawyer for Felony DWIs
An allegation of intoxication manslaughter is the most serious DWI-related offense under Texas law. It involves the death of another person and is always charged as a felony. In cities like Houston, these cases are handled by specialized vehicular crimes prosecutors with extensive training and experience. If you are facing this charge, you are in the fight of your life—and you need an aggressive, strategic defense team on your side.
Jose Ceja is a former prosecutor and Board-Certified Criminal Law Specialist and is recognized as a Texas Super Lawyer. Ceja Law Firm defends clients throughout the Houston area charged with intoxication manslaughter and other serious DWI-related felonies. We act fast to investigate the evidence, challenge the prosecution’s case, and protect your record, your rights, and your future.
What Is Intoxication Manslaughter in Texas?
Under Texas Penal Code §49.08, a person commits intoxication manslaughter if:
- They operate a motor vehicle, watercraft, aircraft, or amusement ride;
- While intoxicated; and
- By reason of that intoxication, cause the death of another person by accident or mistake.
This is a strict liability offense, meaning the State does not need to prove intent to kill. However, they must prove that intoxication was the cause of death—not simply that you were intoxicated and a fatal accident occurred.
Penalties for Intoxication Manslaughter in Texas
Intoxication manslaughter is a second-degree felony, punishable by:
- 2 to 20 years in prison
- Up to $10,000 in fines
- License suspension: 180 days to 2 years
- Probation (if granted) with jail time as a condition
- A permanent felony conviction that cannot be sealed or expunged
If multiple people are killed, prosecutors can file multiple charges, and prison terms may be stacked. If a peace officer, firefighter, or emergency medical worker is killed, the charge may be enhanced to a first-degree felony, punishable by 5 to 99 years.
Act Quickly: You Have 15 Days to Protect Your License
An arrest for intoxication manslaughter usually triggers an Administrative License Revocation (ALR) case, separate from the criminal charge. You only have 15 days from the date of arrest to request a hearing. If no hearing is requested, your license may be automatically suspended for 180 days or more.
Winning your ALR hearing does not guarantee your license is safe. A criminal conviction can lead to a separate suspension, even if the ALR is won. Visit our Administrative License Revocation case page for more information.
Can Intoxication Manslaughter Be Based on Drugs?
Yes. Under Texas Penal Code §49.01(2), intoxication includes not only alcohol but also drugs, medications, or any combination of substances that impair your normal physical or mental faculties.
Many intoxication manslaughter cases involve prescription drugs, marijuana (THC), or other substances without a measurable BAC. These cases often depend on blood test results and officer observations, not breathalyzer results. Defending drug-based intoxication cases requires experience challenging DRE opinions, toxicology reports, and timelines of consumption. Visit our DWI Drugs page for more information.
Defenses to Intoxication Manslaughter
Every case is fact-specific, but potential defenses may include:
No Causation
The fatality must be caused by intoxication. If other drivers, conditions, or mechanical failures were responsible, the case may fall apart, or a person can be convicted of the lesser included offense of misdemeanor driving while intoxicated.
Faulty Blood Testing
Blood is almost always drawn in intoxication manslaughter cases. We examine:
- How the sample was obtained (warrant, consent, or force)
- Chain of custody and lab procedures
- Whether fermentation or contamination could have impacted results
Hospital Blood Draws
In many intoxication manslaughter cases, the driver is transported to a hospital and blood is drawn for medical reasons. Police may later obtain these records through a subpoena or search warrant. However, hospital blood tests are not forensic-grade and often lack documentation like chain of custody or calibration data. Ceja Law Firm reviews how these results were obtained and whether they meet legal standards for admissibility in a criminal case.
Unlawful Arrest or Detention
In most intoxication manslaughter cases, there is no traffic stop—police are called to the scene of a serious accident. But that doesn’t mean the arrest was lawful. If officers lacked probable cause to believe you were intoxicated or failed to follow proper arrest procedures, your defense attorney may be able to suppress key evidence.
Necessity or Emergency Driving
If you were driving in response to a medical emergency or to avoid imminent harm, the defense of necessity may apply.
Causation and the Role of Black Box Data in Intoxication Manslaughter Cases
Causation is one of the most critical legal issues in any intoxication manslaughter case. To convict, the State must show that the death resulted from the intoxication itself—not just that the defendant was intoxicated and an accident happened.
In serious accident cases, prosecutors often rely on black box (event data recorder) evidence, which comes from the vehicle’s onboard computer. This data can reveal:
- Speed at the time of impact
- Whether the driver was braking
- Throttle position
- Seatbelt usage
- Airbag deployment timing
This information is frequently used alongside toxicology reports and accident reconstruction to argue that a driver acted recklessly while intoxicated. However, black box data is not foolproof. If improperly interpreted or recovered without a warrant, it may be challenged or excluded.
How Ceja Law Firm Challenges Causation:
- Review accident reconstruction reports and challenge the State’s version of events
- Analyze black box data for inconsistencies or misleading interpretations
- Scrutinize blood testing timelines to argue rising BAC or lack of impairment at the time of the crash
- Present alternative causes, such as the actions of another driver or road conditions
- File motions to suppress improperly collected data or lab evidence
Without a direct causal link between intoxication and the fatality, the charge may be reduced or dismissed.
Immigration Consequences
A conviction for intoxication manslaughter is considered a crime involving moral turpitude and a felony involving serious injury or death. For non-citizens, the immigration consequences can include:
- Deportation or removal
- Permanent inadmissibility to the U.S.
- Ineligibility for lawful status or naturalization
If you are not a U.S. citizen, it is essential to work with a criminal defense attorney who understands how to protect your immigration status.
Frequently Asked Questions (FAQs)
Is intoxication manslaughter the same as vehicular manslaughter?
No. Vehicular manslaughter typically refers to negligent driving that causes death. Intoxication manslaughter is a separate and more serious charge that specifically involves alcohol or drugs.
Can I be charged if my BAC was under 0.08?
Yes. If prosecutors believe you lacked the normal use of your faculties due to drugs, medication, or alcohol, they can pursue charges even without a high BAC.
Can intoxication manslaughter charges be dismissed or reduced?
Yes. If the State cannot prove causation, or if key evidence is suppressed or discredited, charges may be reduced to a lesser offense or dismissed entirely.
Can I get probation?
Probation is possible in some cases but is not guaranteed. Courts may impose jail time as a condition of probation. Factors like prior convictions, degree of recklessness, and victim input all affect sentencing.
Will I go to prison if convicted?
If convicted, the sentencing range is 2 to 20 years for a second-degree felony. In some cases, prison can be avoided with a strong defense or successful negotiations, but the risks are high.
What if the person who died was partly at fault?
Texas law still allows you to be charged, but shared fault can be used to challenge causation or as a mitigating factor during sentencing.
What if more than one person died?
You may face multiple counts of intoxication manslaughter, with each charge carrying a separate 2–20 year sentence. In some cases, sentences may be ordered to run consecutively.
Should I start alcohol or drug counseling?
In many cases, starting counseling early can show the court that you’re taking the situation seriously. It can help in plea negotiations or at sentencing. Always speak with your attorney first to make sure it aligns with your defense strategy.
Board Certified Defense for the Most Serious DWI Charge in Texas
If you are facing intoxication manslaughter charges in Houston or anywhere in Harris County, you need a defense attorney with experience handling the most serious felony DWI cases. A conviction can mean prison time, a lifetime felony record, and devastating consequences for your career, family, and future.
Ceja Law Firm has the knowledge and trial experience to defend complex intoxication manslaughter charges. We move quickly to preserve evidence, challenge the State’s case, and fight for your rights at every stage. Contact us today for a free consultation.
