Fighting Intoxication Manslaughter Allegations in Texas
When a DWI Charge Becomes a Felony Homicide Case
There are few charges more overwhelming than intoxication manslaughter. You’ve likely been in a tragic accident where someone lost their life—and now the State of Texas is accusing you of causing that death because of alleged intoxication. You may be filled with guilt, confusion, fear—or all three. But what you do next matters more than anything.
At Christian, Nisbet & Casillas, we’ve handled the most serious DWI cases Texas courts see. We understand that being charged doesn’t mean you’re guilty, and we’re here to fight for your future and your freedom when it feels like the world is against you.
Under Texas Penal Code § 49.08, you can be charged if:
You operate a motor vehicle (or boat, aircraft, or amusement ride)
While intoxicated (BAC of .08+ or not having normal use of mental/physical faculties)
And cause a crash that results in someone’s death
There’s no requirement of intent—this is not murder, but a strict liability offense. The allegation alone can change your life instantly.
Penalties for Intoxication Manslaughter
This is a second-degree felony, which carries:
2 to 20 years in prison
Up to $10,000 in fines
License suspension for up to 2 years
Mandatory ignition interlock
Restitution to the victim’s family
Permanent criminal record and felony conviction
If the person who died was a peace officer, firefighter, or first responder, the charge can escalate to a first-degree felony—with 5 to 99 years in prison.
Recent Legal Changes (2023–2025) Impacting These Cases
Expanded blood draw authority: Law enforcement may now compel blood testing under more circumstances after fatal crashes.
Increased emphasis on victim impact: Prosecutors now often involve victim families earlier in the case to influence plea outcomes.
More use of car data: Prosecutors are pulling vehicle black box data and phone metadata to prove impairment or distraction.
How We Defend Charges
These cases are some of the most complex—and emotionally charged—in Texas criminal law. But they are defensible. Here’s how we approach them:
1. Challenging the Link Between Intoxication and the Crash
Even if there was alcohol or a BAC result, it doesn’t automatically mean intoxication caused the accident. We use accident re-constructionists, toxicologists, and expert witnesses to prove other factors may have led to the fatality.
2. Attacking the Blood or Breath Evidence
Improper collection, chain of custody errors, or delayed testing can render BAC results unreliable. We audit the science, the protocol, and the evidence.
3. Motion to Suppress Unlawful Police Conduct
If your rights were violated during the stop, testing, or questioning, we file to suppress that evidence—sometimes dismantling the State’s entire case.
4. Negotiating Lesser Charges or Alternative Sentencing
Depending on the circumstances, we may be able to pursue a reduction to criminally negligent homicide, or advocate for treatment-based alternatives if addiction played a role.
5. Humanizing You in Court
Jurors—and even prosecutors—need to understand who you are beyond the accusation. We bring your full story forward, especially if this was truly an accident without malicious intent.
What to Do If You’ve Been Charged
Do not give a statement to law enforcement
Avoid contact with the deceased’s family or witnesses
Preserve all evidence: dashcam footage, phone data, photos from the scene
Ask for independent blood analysis if a sample was taken
Contact an attorney immediately—these cases move quickly and aggressively
Final Thoughts
You didn’t mean for this to happen. No one does. But when tragedy and accusation collide, you need someone who can fight through the emotion, the headlines, and the pressure—and get to the truth.
We don’t back down in these cases. We prepare. We investigate. And we defend like your life depends on it—because it does.
When everything changes in an instant…we’re that call.
