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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.

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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.

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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

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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

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