 Written by Ben Breiner | Reviewed by Pamela Goforth, Licensed Insurance Agent | Updated Sept 3, 2026 Content reviewed for accuracy by a Texas-licensed insurance professional. |
Causing a death while driving intoxicated in Texas is charged as intoxication manslaughter under Penal Code §49.08. It is a second-degree felony punishable by 2 to 20 years in prison and a fine of up to $10,000. It becomes a first-degree felony, with 5 to 99 years or life, if the victim was a peace officer, judge, firefighter or EMS worker on duty or, for offenses committed on or after September 1, 2025, if more than one person died. Beyond prison, a conviction brings a license suspension and an SR-22 requirement, and the civil liability that can follow usually survives bankruptcy. See our complete guide to intoxication manslaughter in Texas for the full legal breakdown.
Penalties at a Glance: Intoxication Manslaughter and Intoxication Assault
Texas treats a death and a serious injury as separate felonies. Intoxication assault (§49.07) covers serious bodily injury, and the range rises with the victim’s role and the number of deaths. A first-time DWI is usually a misdemeanor (see whether a DUI is a misdemeanor or a felony), but every offense in the table below is a felony, and each carries a fine of up to $10,000 under Penal Code Chapter 12.
| Charge | Degree | Prison term | Maximum fine |
|---|---|---|---|
| Intoxication assault | Third-degree felony | 2 to 10 years | $10,000 |
| Intoxication assault causing a persistent vegetative state, or injuring an on-duty firefighter or EMS worker | Second-degree felony | 2 to 20 years | $10,000 |
| Intoxication manslaughter | Second-degree felony | 2 to 20 years | $10,000 |
| Intoxication assault injuring an on-duty peace officer or judge | First-degree felony | 5 to 99 years or life | $10,000 |
| Intoxication manslaughter of an on-duty peace officer, judge, firefighter or EMS worker, or of more than one person | First-degree felony | 5 to 99 years or life | $10,000 |
The on-duty enhancements require that the victim was in the actual discharge of an official duty. The multiple-death enhancement applies only to offenses committed on or after September 1, 2025.
What Counts as Intoxication Manslaughter in Texas
To convict, prosecutors must prove that the driver operated a motor vehicle in a public place (or an aircraft, watercraft or amusement ride), was intoxicated, and by reason of that intoxication caused another person’s death “by accident or mistake.” Intent to hurt anyone is not an element. Under Penal Code §49.01, “intoxicated” means either a BAC of 0.08 or more or not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug or any other substance, so a drug-impaired driver faces the same charge. Our pages on Texas’s legal limit for alcohol and on how many drinks it takes to reach 0.08 explain the threshold and why a rough drink count cannot tell you where you stand.
Texas statutes use “DWI” for adult offenses and “DUI” for drivers under 21 with any detectable alcohol (Alcoholic Beverage Code §106.041), but the charge for a death caused by an intoxicated driver is intoxication manslaughter. Our page on the difference between DWI and DUI in Texas explains the terms. The toll explains the severity: TxDOT’s 2025 crash facts report counts 906 people killed in Texas crashes involving a driver under the influence of alcohol, roughly one in four of the state’s 3,769 traffic deaths that year.
Enhanced Penalties: First Responders, Judges and Multiple Deaths
Under Penal Code §49.09, intoxication manslaughter is a first-degree felony if the victim was a peace officer, judge, firefighter or emergency medical services worker in the actual discharge of an official duty. Intoxication assault is enhanced the same way: a second-degree felony if the injured person was an on-duty firefighter or EMS worker, a first-degree felony if it was an on-duty peace officer or judge, and a second-degree felony when the injury is a traumatic brain injury that leaves the victim in a persistent vegetative state.
Texas added a second manslaughter trigger in 2025. Senate Bill 745 makes intoxication manslaughter a first-degree felony when the driver caused the deaths of more than one person during the same criminal transaction. It took effect on September 1, 2025 and applies only to offenses committed on or after that date, so earlier offenses stay under the old rules. According to the Senate bill analysis, a guilty plea to several counts was generally capped at the maximum for one count, while after a trial the judge alone decides whether sentences are stacked. Judges still have that power: Penal Code §3.03(b)(1)(A) allows consecutive sentences for multiple convictions under §49.07 or §49.08 arising from the same criminal episode.
Probation, Jail Time and Parole
Probation (community supervision) is available in some cases, but it does not mean avoiding jail. A judge who grants it must require at least 120 days in jail for intoxication manslaughter and at least 30 days for intoxication assault as a condition of supervision (Code of Criminal Procedure Art. 42A.401). The judge may also order an ignition interlock device, and must do so in situations such as a test result of 0.15 or higher, a prior conviction or a driver under 21 (Art. 42A.408). See our guide to Texas ignition interlock laws for more detail.
For a prison sentence, parole timing depends on how the judgment reads. If the court makes a deadly weapon finding, which can happen with a vehicle because the Penal Code defines a deadly weapon as anything that, in the manner of its use or intended use, is capable of causing death or serious bodily injury, the inmate is not eligible for parole until actual time served equals half the sentence or 30 years, whichever is less. Otherwise, actual time plus good conduct time must equal one-quarter of the sentence or 15 years, whichever is less (Government Code §508.145). On a 20-year sentence, that is the difference between eligibility after 10 actual years and eligibility once actual and good conduct time reach 5 years. Eligibility is not release.
License Suspension and SR-22 After a Conviction
The sentencing court also sets a license suspension. Under Transportation Code §521.344, it runs 180 days to two years for intoxication manslaughter and 90 days to one year for intoxication assault, and repeat offenses within 10 years (manslaughter) or five years (assault) carry longer suspensions.
The Texas DPS enforcement chart lists an SR-22 as required after both convictions and says mandatory suspensions require an SR-22 for two years from the conviction date. An SR-22 is not a separate policy: your insurer files it with DPS to certify at least the state minimum liability limits of $30,000 per person, $60,000 per crash and $25,000 for property damage, and DPS can suspend your license and registration again if it lapses. See our overview of SR-22 insurance requirements, and if you no longer own a vehicle, read about non-owner SR-22 insurance.
Civil Lawsuits, Insurance Limits and Bankruptcy
The criminal case is only one track. The victim’s family can file a wrongful death lawsuit and an injured victim can sue for damages, and those civil claims proceed separately from the prosecution. Texas normally caps exemplary (punitive) damages at the greater of $200,000 or two times economic damages plus up to $750,000 of noneconomic damages, but Civil Practice and Remedies Code §41.008(c) removes that cap when exemplary damages are based on conduct that amounts to intoxication assault or intoxication manslaughter.
Insurance may not close the gap. A policy at the state minimum of $30,000 per person can be exhausted quickly in a death case, and any judgment above the limit is the driver’s personal responsibility. Bankruptcy rarely helps: federal law generally does not discharge debts for death or personal injury caused by operating a motor vehicle, vessel or aircraft while unlawfully intoxicated (11 U.S.C. §523(a)(9)).
How Prosecutors Build the Case and Where Defenses Focus
Prosecutors typically combine crash reconstruction, witness statements and the results of field sobriety and chemical testing. Defense lawyers examine each link in that chain:
- The stop and the arrest. Whether the officer had a lawful reason to stop the driver and to search, since evidence obtained unlawfully can be challenged.
- Blood evidence. Texas allows officers to require a blood specimen after a crash that kills or seriously injures someone, but only with a warrant or probable cause to believe exigent circumstances exist (Transportation Code §724.012). The U.S. Supreme Court held in Missouri v. McNeely (2013) that the natural dissipation of alcohol does not by itself create an automatic exception to the warrant requirement. Lab methods, chain of custody and the gap between driving and testing also matter, because BAC can still be rising after the last drink.
- Causation. Under Penal Code §6.04(a), a person is criminally responsible if the result would not have occurred but for the person’s conduct, alone or together with another cause, unless the other cause was clearly sufficient to produce the result and the person’s conduct clearly insufficient. Road conditions, another driver’s conduct, a mechanical failure or the victim’s own actions can raise that question, but the exception is narrow.
- Experts. Accident reconstruction specialists and toxicologists can offer alternative explanations of speed, impact and the timing of alcohol absorption.
- Plea discussions. Where the facts support it, an attorney may negotiate with the prosecutor over the charge or the sentence.
Because a fatal or serious-injury case is a felony with prison exposure, an attorney experienced in Texas intoxication manslaughter and assault defense should be involved from the earliest stage. Our overview of DWI charges in Texas covers the wider legal picture.
Common Misconceptions About Fatal DUI Cases
Myth: If it was an accident, it cannot be a crime.
The statute covers deaths caused “by accident or mistake.” Prosecutors do not need to prove that the driver meant to hurt anyone, only that the driver was intoxicated and that the intoxication caused the death.
Myth: Probation means no jail time.
A judge who grants probation must still require at least 120 days in jail for intoxication manslaughter and at least 30 days for intoxication assault, and probation is never guaranteed.
Myth: Insurance and bankruptcy will make the civil case go away.
Liability coverage has limits, and anything above the policy limit is the driver’s personal responsibility. Federal law also generally excludes debts for death or injury caused by intoxicated driving from discharge, so a civil judgment usually survives bankruptcy.
Conclusion
Causing a death while intoxicated in Texas carries 2 to 20 years in prison as a second-degree felony, and 5 to 99 years or life when the victim was an on-duty first responder or judge or when more than one person died. Prison is only part of the picture: probation still requires jail time, a deadly weapon finding delays parole eligibility, the license is suspended, an SR-22 follows a conviction, punitive damages are uncapped, and civil judgments usually survive bankruptcy. Because the outcome depends on the exact charge and evidence, anyone facing an intoxication manslaughter or assault charge should speak with a licensed Texas criminal defense attorney right away.
This article reflects Texas law including amendments effective September 1, 2025. It is general information, not legal advice.
| Written by Ben Breiner | Reviewed by Pamela Goforth, Licensed Insurance Agent | Updated Sept 3, 2026 Content reviewed for accuracy by a Texas-licensed insurance professional. |