Austin Intoxication Manslaughter Attorney Jason Trumpler
CONTACT US TODAY AT 512-457-5200
First of all, as you can see from the photo above, intoxication manslaughter is often a gruesome offense. It usually is a horrific accident where an impaired person inadvertently kills a third party while driving. The scenes are gruesome. The aftermath is tragic. And at the end of the day, no matter what happens, everyone's life who was involved is either taken or ruined.
Intoxication Manslaughter in Texas is governed by Texas Penal Code Section 49.08. It is a second degree felony, which carries with it a range of punishment of 2-20 years in Texas Department of Corrections. Often times, however, prosecutors are filing the cases as an Assault with a Deadly Weapon in order to have the Deadly Weapon enhancement listed in the crime. This makes the case a 3g offense (now known as 42A.054) under Article 42a of the Texas Code of Criminal Procedure and can have ramifications as to whether the defendant is eligible for probation and when the defendant becomes eligible for parole. Under typical parole rules, a defendant becomes eligible for parole after serving 1/4th of his or her sentence. If the offense is a 3g offense (42A.054), the defendant only becomes eligible after serving 1/ 2 of his or her sentence.
The elements of the offense are as follows: 1. The subject drove a car. 2. The subject drove the car while he or she was intoxicated. 3. By reason of that intoxication, the subject killed another party by accident or mistake.
Most defenses regarding intoxication manslaughter are based on whether the subject was intoxicated or whether the other party was killed by reason of that intoxication and not by some other intervening or superceding cause.
If you or someone you know is arrested for Intoxication Manslaughter, it is imperative that the attorney understands how to defend a standard driving while intoxicated case (DWI) and understands accident reconstruction well enough to know if there is a possible intervening or superceding cause that resulted in the accident.
Intoxication Manslaughter Attorney Jason Trumpler is that attorney. He is extremely well versed in the defense of DWI cases and also understands accident reconstruction. Over the years, Mr. Trumpler has handled dozens of these cases as a prosecutor, criminal defense attorney, and civil attorney. Please contact our office immediately at 512-457-5200.