 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 under the influence in Texas is charged as intoxication manslaughter under Penal Code § 49.08 — a second-degree felony carrying 2 to 20 years in prison and fines up to $10,000. If the victim was a peace officer, firefighter, or EMS personnel acting in the course of their duties, the charge is enhanced to a first-degree felony, carrying a dramatically longer potential sentence. See our complete guide to intoxication manslaughter in Texas for the full legal breakdown.
Intoxication Manslaughter Overview
When you’re facing charges for causing a death while intoxicated in Texas, it’s crucial to understand the gravity of the situation. Intoxication manslaughter occurs when your intoxicated operation of a vehicle causes another person’s death by accident or mistake — you don’t need to have intended the death for this charge to apply.
As a second-degree felony, this charge carries 2 to 20 years in prison and fines up to $10,000. A mandatory minimum 120-day jail sentence applies even if probation is granted. Each victim in a multi-fatality case results in a separate charge, leading to stacked penalties.
Enhanced Penalties for Certain Victims
Texas law imposes significantly harsher penalties when the victim of intoxication manslaughter was a peace officer, firefighter, or emergency medical services personnel acting in their official duties. In these cases, the charge is enhanced from a second-degree to a first-degree felony, carrying a much longer potential prison sentence.
This enhancement reflects Texas’s particular emphasis on protecting first responders, and it’s a critical distinction if this circumstance applies to a case — the difference in exposure between standard and enhanced classification is substantial.
Related Charges: Intoxication Assault
Causing serious bodily injury — rather than death — while intoxicated is charged as intoxication assault, a related but distinct offense under Texas Penal Code § 49.07. This is a third-degree felony, carrying 2 to 10 years in prison and fines up to $10,000. The distinction between assault and manslaughter charges depends entirely on the outcome of the incident, not the intoxicated driver’s intent.
Additional Consequences
Beyond the criminal prison sentence and fines, a conviction for intoxication manslaughter or assault carries further consequences.
Your driver’s license faces suspension of 180 days to two years, and an ignition interlock device is typically required. You may also need non-owner SR-22 insurance to legally drive after your license is reinstated. Beyond the criminal case, victims’ families can pursue civil lawsuits independently of the criminal proceedings, potentially resulting in significant financial liability on top of the criminal penalties. If a vehicle was used in a way that qualifies as a deadly weapon finding, eligibility for good-time credit is also affected, requiring at least half the sentence to be served first.
Defense Strategies and Representation
Facing charges for intoxication manslaughter or assault requires a carefully built defense given the severity of what’s at stake. Key approaches include:
- Challenging the legality of the traffic stop and any subsequent search.
- Questioning the accuracy and administration of blood or breath tests.
- Disputing causation — whether intoxication was actually the cause of the fatal or injurious event.
- Employing expert witnesses, including accident reconstruction specialists, to identify alternative causes.
- Negotiating with prosecutors where the facts support a reduced charge.
Given the severity of a case involving a fatality or serious injury, securing an attorney experienced specifically in Texas intoxication manslaughter and assault defense is essential from the earliest possible stage.
Conclusion
Causing a death while intoxicated in Texas carries severe consequences — 2 to 20 years in prison as a second-degree felony, with even harsher exposure if the victim was a first responder. Understanding the specific elements prosecutors must prove, and securing skilled legal representation immediately, matters enormously given the stakes involved.
| 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. |