Intoxication Manslaughter

Intoxication Manslaughter - 2^nd Degree Felony

(Is defined as Texas law states that if a person commits an offense if a person operates a motor vehicle in a public place while intoxicated and by reason of that intoxication causes the death of another by accident or mistake.)

WARNING : You are required by law to install an ignition interlock device on your car. You also are not allowed to drive any vehicle that is not equipped with an interlock device. If the device detects alcohol on your breath, it will disable your vehicle. If you are driving a car and have not obtained an interlock device, do so immediately or your bond will be revoked and you will be arrested. Contact our office to help you obtain a breath interlock.

Range of Punishment
Penitentiary: Confinement in the Texas Department of Corrections (TDC) for not less than 2years to 20 years.
Fine: A fine not to exceed $10,000.

A) Jail time, fines, court costs:

Jail Time: For a Felony DWI, the Judge may impose up to 180 days in the County Jail as a condition of probation, but it is highly unlikely that probation would be granted in this type of case.

Fine: You will have to pay a fine through probation, and should expect to pay at least $2,000-$4,000, but can go up to $10,000.00.

Court Costs: You will have to pay court costs that will cost you approximately $300.

Probation Fees: Every time you report to probation, you will have to pay your court ordered probation fee. The fee ranges from $40-$60 per visit, depending on the county of conviction.

Crime Stoppers: You will have to pay a one-time payment to Crime Stoppers, ranging from $20-50, depending on the county of your conviction.

B) Community service and classes:

Community Service: Texas law mandates that you perform a minimum of 160 hours, but not more than 600 hours of community service if granted probation.

DWI Education Class: Within 180 days of being placed on probation, you will have to pay for and successfully complete an approved DWI education course. If you fail to do so within 180 days, your driver's license will automatically be suspended for 1 year.

Victim Impact Panel: A course presented by M.A.D.D. This is where victims of drunk drivers speak about how their lives were adversely affected by drunk drivers.

C) Conditions set by the probation department:

Jail Time: If probation is granted, which is rare in an intoxicated manslaughter case, you must serve a minimum of 180 days in jail as a condition of the probation.

Monthly Reporting: You will be ordered to report to your probation officer each month.

Alcohol/Drug Evaluation: You may have to be evaluated to see if you have an alcohol or drug problem. If they determine that you to have a problem, you will have to pay for any recommended treatment. Upon their recommendation, additional conditions may be added, regardless of the results of your evaluation, depending on the county your case is in.

Employment: You will be ordered to maintain or find suitable employment during probation.

Commit No Crimes: Any violation of the law can result in your probation being revoked. Therefore anything above a traffic ticket will violate you.

Residence: You may be ordered to stay within the State of Texas or even within a specific county during probation. If you wish to travel, you will have to get permission from your probation officer first. If you move, you must notify your probation officer within 5 days.

Drug Testing: At your probation officers discretion, you can be compelled to give a sample of your breath, blood, or urine to determine the presence of any alcohol or drugs. You are responsible for the cost of test.

D) Judicial Conditions:

Judicial Conditions: The Judge can impose any other condition they seem fit for your probation.

Nightlife & Business Luncheons/Dinners: Only in extreme cases, but a Judge has to authority to ban you from all establishments that serves alcohol!

E) Miscellaneous:

Additional Fees, Fines, and Costs. Surcharge to DPS: Since September 1, 2003, Texas law states that if you have been convicted of a DWI that you will have to pay the Department of Public Safety $2,000.00 a year for three years to receive your license back. If the surcharge is not paid, your license will be suspended or withheld until paid.

Insurance: If convicted, most insurance companies will consider you a high risk and may double or triple your coverage.

Electronic Monitoring: Although unusual, Judges can require you to submit to electronic monitoring. You will be forced to wear a device (about the size of a pager) around you ankle. You will be allowed outside your home during specified periods of time. If you are not at home when required, the monitor knows it, and your probation can be revoked.