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Texas Intoxication Manslaughter Law

Texas Penal Code Section 49.08 defines Intoxication Manslaughter as follows:

(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 subsection is a felony of the second degree.

Second degree felonies have a range of punishment of 2-20 years confinement and up to a $10,000 fine.  There are defenses to intoxication offenses whether or not a blood or breath specimen was over the legal limit when it was taken.

D.W.I. cases and Intoxication Assault or Intoxication Manslaughter cases are often tried around the issue of intoxication.  That is, whether or not someone had a B.A.C. of .08 or higher at the time of the accident (B.A.C. continues to rise slowly after being consumed) or if someone was not normal mentally or physically because of the alcohol.

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