Austin DWI Lawyer, Austin Criminal Lawyer, Austin Intoxication Manslaughter Lawyer

2. You’ve Been Arrested For Intoxication Manslaughter. Now What?
Advice from Austin DWI Lawyer Charles Johnson
If you or someone you know has recently been
arrested and charged with intoxication
manslaughter, it is crucial that you remain silent
and hire an exceptionally qualified lawyer to
defend you. While law enforcement is required to
advise you of your legal rights, they are also
charged with the duty of trying to coerce you
for information that could be used against
you in the case that prosecutors are already
starting to build. Whether you are made
promises of leniency, or are threatened with
harsher punishment for not talking, it is highly
advised that you tell them you do not wish to
answer questions without your attorney present.
At the Charles Johnson Law Firm, our seasoned legal representatives are extremely well versed and highly
experienced in cases that pertain to a wide range of DWI defense matters, including intoxication
manslaughter.
No one truly intends to commit intoxication manslaughter. They do not wake up and say “I’m going to get
drunk tonight and drive and see who gets in my way.” Accidents do happen and tragically, someone can die.
Mitigating factors are thoroughly checked out such as whether the person broke any traffic laws, was driving
with a suspended license, or if the person was negligent in some way. These are usually tried as
misdemeanors. However, if a person is found to be intoxicated or under the influence of something, it is
treated in Texas as a second degree felony and the prosecution goes after the person diligently. In
intoxication manslaughter cases, the prosecution only has to prove that the driver was indeed, intoxicated.
The term of incarceration could be anything from two years to twenty years.
If you have been charged with DWI after being in an accident that involved a death, you may be facing very
serious charges of intoxication manslaughter. It is imperative that you speak with Austin Criminal
Lawyer Charles Johnson as soon as possible after you have been charged, or think you may be
charged. Attorney Johnson has the experience you can rely on for aggressive and effective defense strategies
against the charges. The skilled attorneys at the Charles Johnson Law Firm do not believe there is any such
thing as being slam-dunk guilty. No matter what the circumstances of the accident are, your personal story is
behind the charges and will make a difference in the outcome of your case. We will make sure that the judge
and jury know that this isn’t just about an intoxication manslaughter case. It is about you and your family.
Intoxication manslaughter is a Second Degree felony which holds people liable for any death which occurs
because of criminal negligence, or a violation of traffic safety laws. A common use of the vehicular
manslaughter laws involves prosecution for a death caused by driving under the influence (determined by
excessive blood alcohol content levels set by individual U.S. states), although an independent infraction (such
as driving with a suspended driver’s license), or negligence, is usually also required.
1

3. Intoxication manslaughter, vehicular manslaughter and other similar offences require a lesser mens rea (Latin
for “guilty mind”. In criminal law, it is viewed as one of the necessary elements of a crime) than other
manslaughter offenses. Furthermore, the fact that the defendant is entitled to use the alcohol, controlled
substance, drug, dangerous drug, or other substance, is no defense. For example, in Texas, to prove
intoxication manslaughter, it is not necessary to prove the person was negligent in causing the death of
another, nor that they unlawfully used the substance that intoxicated them, but only that they were
intoxicated, and operated a motor vehicle, and someone died as a result.
Types of Intoxication Manslaughter
In Texas, intoxication manslaughter does not only apply to automobile drivers. Individuals may be charged
with this crime under any of the following circumstances:
 If they are operating a car, truck, motorcycle, or any other type of motorized vehicle in a public place
 If they are operating a boat, airplane, or amusement park ride
 If they assemble an amusement park ride
If the alleged offender has done any of these things while intoxicated, and someone was killed by the vehicle
they were operating or had assembled, they can be convicted of intoxication manslaughter. There is no
requirement that the prosecutor prove negligence, that their intoxication was the direct cause of the crash, or
that they were behaving unlawfully by using the substance that caused their intoxication.
Defenses For Intoxication Manslaughter
Intoxication manslaughter cases should be attacked on two fronts if the case is going to trial. Notwithstanding
whether a person is or is not intoxicated, a good lawyer would examine the Texas Peace Officer collision report
which was completed as part of the investigation. Just because a driver may be intoxicated does not mean
that he should be held criminally liable for the death of another.
There have been cases where the deceased driver was as much at fault if not more at fault than the accused.
Examples could include the deceased having run a red light, the deceased having operated his motor vehicle
at night without lights, the deceased also being intoxicated, the deceased merging improperly into traffic, and
the list goes on. A lawyer familiar with crash reconstruction and who has worked with reconstruction experts
should be able to present this defense if it is available. The issue is one of causation and is set forth in Tex.
Penal Code Section 6.04. In a nutshell, what 6.04 states is that if an accused’s conduct is insufficient in itself
to cause the result, and the conduct of another contributed to the result and the contributing cause was
sufficient to cause the result, the accused cannot be held liable.
A good accident reconstruction expert’s report may convince a prosecutor to agree to probation if causation is
questionable. That in itself may be worth the investment in hiring both a reconstruction expert and a lawyer
who knows how to present such findings.
The second line of defense is whether a person is intoxicated. Scientific evidence can be compelling for a jury.
However, the State is allowed to rely upon opinion evidence based upon observations such as lack of
coordination, blood shot eyes, smell of intoxicants on breath, slurred speech etc. Some of these symptom
could be explained by lack of sleep, allergies, injury, but not all.
2

4. Most police departments have on board video cameras and video may very well have been used in this case.
Video can be a two-edge sword. Many a video has convinced a defendant to make the best deal possible,
while other videos have convinced an accused to take it to trial
In blood draws/test results, there are several considerations. A blood sample can be lost, yet there can be a
medical record from a laboratory stating what the test result is. In fact, most hospitals don’t retain the blood
samples, but for a very short period. If the blood draw was for medical treatment, sometimes there is a chain
of custody problem that makes admission of the medical records unreliable. Most courts, when dealing with a
chain of custody issue on medical records as the result of medical treatment rule that any problems goes to
the weight of the evidence, not the admissibility, that is, the records gets admitted but the defense lawyer
gets to argue that it is not reliable because of the poor chain of custody.
Mandatory blood draws can be attacked, however, you should hire a lawyer familiar with the statutory and
administrative requirements for blood draws.
Hire the Best Austin Intoxication Manslaughter Defense Lawyer: The Charles
Johnson Law Firm
When you are charged with intoxication manslaughter or intoxication assault, you have more than just the
prosecutor against you. You have the victim’s family and the public screaming for your head. You don’t have
to go through this alone. The Charles Johnson Law Firm will fight aggressively to protect your rights and your
future.
After a car accident in which there has been a fatality, it is an
extremely upsetting situation for everyone involved. Law enforcement
will collect evidence at the scene and this evidence is an important part
of the documentation of the case. It is crucial that if you have been
charged with intoxication manslaughter that you contact The Charles
Johnson Law Firm quickly. The evidence in the case can be reviewed
and an attorney can advise you what can be done in your case. Austin
DWI Lawyer Charles Johnson can offer a free evaluation of your case,
and it is advised that you take advantage of this so it can be
determined what can be done and what options may be possible in
your case.
Austin DWI Lawyer Charles Johnson can be reached directly 24 hours a day, 7 days a week.
Call us at 512-832-1200 or toll free at 877-308-0100.
Major Credit Cards Accepted
Posts Related to You've Been Arrested For Intoxication Manslaughter. Now
What? Advice from Austin DWI Lawyer Charles Johnson
 Arrested for DWI in the Austin Area? Hire the Best Austin DWI Lawyer Charles Johnson
The Charles Johnson Law Firm provides the highest level of representation in assisting our clients
through the rigors of a DWI case. After you are ...
3

5.  Welcome to My Austin Criminal Defense Lawyer Blog
On behalf of the Charles Johnson Law Firm: If you face criminal prosecution, you want an experienced
and knowledgeable attorney to protect your constitutional rights. ...
 Austin Criminal Defense Attorney » Charged With DWI? Discover How to Beat It.
When the police suspect an individual has been driving under the influence, they will ask him/her to
perform a series of standard tests, also named ...
 Allegations of Sexual Assault of a Child: You'll Need the Best Austin Criminal Lawyer
This type of sexual accusation can be devastating in every aspect of your life. Sexual allegations
where children are involved are delicate and complicated cases ...
 The Best Austin Criminal Lawyer » Facing A Drug Distribution Case?
Our approach to defending drug crime charges is successful because we aggressively defend our
clients' rights. Call Austin Criminal Lawyer Charles Johnson right now, anytime ...
Original article may be found at:
You’ve Been Arrested For Intoxication Manslaughter. Now What? Advice from Austin DWI Lawyer
Charles Johnson
Austin Lawyer Charles Johnson
Solving Problems...Every Day®
http://www.austinlawyer.com/
Charles Johnson Law Firm
111 Congress, Suite 400
Austin, TX 78701
E-Mail: charlesjohnson@austinlawyer.com
Phone: (512) 832-1200
Toll-Free: (877) 308-0100
Map to Office
4