San Antonio Intoxication Manslaughter Defense Attorney

Intoxication manslaughter is a serious crime in Texas. It involves driving while intoxicated (DWI) and causing the death of another person as a result. In order to be convicted of intoxication manslaughter, the prosecution must prove that the defendant was operating an automobile while under the influence of alcohol or drugs; and that their actions caused the death of another individual.

Prosecutors take intoxication manslaughter seriously in Texas because of the grave nature of the offense. This is a second-degree felony, punishable by up to 20 years in prison and a fine of $10,000 (up to $20,000 with enhancements). People convicted of this crime may face other consequences such as loss of their driver’s license, probation or parole supervisory requirements, community service and/or mandatory substance abuse courses.

If you or someone you love is charged with Intoxication Manslaughter in San Antonio or Atascosa, Wilson, Frio, Karnes, Medina, or Guadalupe County, there are few other attorneys with the experience that Attorney Brad Thornton has. It is absolutely critical that you hire an attorney with particular experience handling DWI cases.

Attorney Brad Thornton was the leader on the vehicular crimes team in the county with the largest fatality rate in the State. He has the training that the best DWI officer received and has conducted training on these cases numerous times. Brad has the particular set of skills needed to fight these cases and win.

Defenses for Intoxication Manslaughter in Texas

There are several potential defenses for an allegation of intoxication manslaughter in Texas.

Causation
Under the Texas Penal Code, a defendant may only be convicted for intoxication manslaughter if there is a causal connection between their behavior and the death of another person. This means that before they can be convicted, the prosecution must prove beyond a reasonable doubt that it was their actions—and not any other intervening cause—that directly caused the death of another individual.

In some cases, the services of a crash reconstruction expert can help show that there was a lack of causation. Such experts are typically hired to assess the scene of an accident, analyze evidence such as skid marks and other physical damage, and use their experience to build a case for or against causation.

Crash reconstruction experts may also offer testimony in court regarding the circumstances surrounding the incident. This can be helpful if there is any doubt about whether the defendant’s actions caused the death of another person. Ultimately, their expertise can be invaluable in determining whether intoxication manslaughter charges should stand.

Blood Testing
When a death has occurred and intoxication is suspected on part of one of the drivers, law enforcement always make sure they get evidence of that drives level of intoxication. The most common way to do this is by testing a sample of a person’s blood for its BAC level; rarely will law enforcement seek a breath test when a death is involved.

However, there are a number of ways in which an experienced defense attorney can challenge a BAC test result. These include: questioning whether samples were taken and stored according to protocol; how long was the delay between the crash and the time the blood was drawn; challenging how accurately the test results were reported by the laboratory; raising concerns about whether the equipment used was properly calibrated; and examining records related to the chain of custody of any samples taken.

Penalties for Intoxication Manslaughter in San Antonio, Texas

If a person is convicted of intoxication manslaughter in Texas, they face severe legal penalties. This includes up to 20 years in prison and up to $20,000 fine. Additionally, those convicted may be required to pay restitution for the medical bills, funeral costs and other expenses resulting from the victim’s death.

Intoxication manslaughter also carries with it social penalties as well. Those convicted of this crime will likely find themselves facing public scrutiny and stigma that can make it difficult to re-enter into society after incarceration. A conviction for intoxication manslaughter will also remain on their criminal record indefinitely; making it harder to secure employment or housing in the future along with other penalties of being a convicted felon.

Deadly Weapon Findings

If a defendant is found guilty of intoxication manslaughter, the court may also find that the defendant used a deadly weapon during the commission of the crime. A jury can find that the motor moto vehicle you were driving in the crash was a deadly weapon. The jury will consider factors such as the speed of the car at the time of the accident, and whether the accused was driving recklessly or in a particularly negligent manner.

If convicted, this has a huge consequence on how parole eligibility will be calculated and if a deadly weapon finding is made, it could double the time of incarceration before the accused is eligible for parole.

Experienced Intoxication Manslaughter Attorney Brad Thornton

If you have been charged with intoxication manslaughter in Texas, it is important to seek experienced legal advice as soon as possible. Attorney Brad Thornton in San Antonio has years of experience with intoxication manslaughter cases understands the complexities of this type of criminal charge.

Having an experienced attorney on your side can make all the difference when facing serious charges such as intoxication manslaughter. Attorney Brad Thornton will work hard to ensure that all evidence is evaluated thoroughly, help craft a strong defense strategy, and ensure that your rights are protected throughout the process.

Contact Attorney Brad Thornton today for a free consultation!