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Defending Against Intoxication Manslaughter in Texas

Police car lights at night at the scene of a fatal car accident.

Intoxication manslaughter is a serious offense in Texas. It occurs when an impaired individual operates a motor vehicle and causes a fatal car accident. This definition extends beyond traditional motor vehicles to include other transportation modes and even recreational equipment.

The victim's death doesn't need to occur immediately at the scene for the charge to apply. If someone sustains injuries in a car and later dies, the intoxicated driver can still face intoxication manslaughter charges.

The relationship between the impaired individual and the victim doesn't affect the charge. Whether the deceased is a stranger, an acquaintance, or even a family member, the legal implications remain the same.

If you or someone you love is facing intoxication manslaughter charges in Conroe, TX, or the surrounding area, you should contact an experienced DWI offense attorney as soon as possible to review your potential legal options.

What are the legal consequences of intoxication manslaughter in Texas?

Intoxication manslaughter in Texas is classified as a second-degree felony. This type of charge can lead to two to 20 years in state prison, fines, and potential probation.

Upon conviction, you could face a driver's license suspension for 180 days to 2 years. If you are granted driving privileges after suspension, you may be required to install an ignition interlock device.

Additionally, the court often mandates 240 to 800 hours of community service and completion of an alcohol or drug treatment program.

The long-term impacts of an intoxication manslaughter conviction are also harsh. It can affect future employment, housing, and other opportunities.

If you have any professional licenses, they will likely be affected or revoked. Plus, voting rights are suspended while incarcerated, on parole, or on probation, though they are restored after completing the full sentence.

How is intoxication manslaughter proven in Texas?

Prosecutors must demonstrate that your intoxication was the direct cause of the victim's death. This burden of proof involves several key elements, including:

Voluntary vs. involuntary intoxication

The law primarily applies to voluntary intoxication. If someone knowingly consumes alcohol or drugs and then drives, they can be held responsible even if they didn't feel impaired.

However, if someone is unknowingly drugged, leading to intoxication and a fatal accident, they may not be guilty of this charge.

Blood alcohol concentration (BAC)

Texas defines a BAC of 0.08 or higher as legally intoxicated. Even if a person doesn't appear impaired, exceeding this limit can result in charges if a fatality occurs.

Law enforcement may use various methods to assess intoxication, including:

  • Field sobriety tests
  • Blood tests
  • Urine tests
  • Breathalyzers (though less common now)

Types of intoxicating substances

While alcohol and illegal drugs are common causes, prescription medications or combinations of substances can also lead to impairment and subsequent charges.


Prosecutors must demonstrate that the intoxication, not some other factor, led to the fatal crash. They may try to accomplish this by working with accident reconstruction experts, obtaining toxicology reports, speaking to witnesses, or getting access to video footage.

Other factors

Prosecutors need to address and disprove potential defense arguments, such as road conditions or actions of other drivers that might have contributed to the car accident.

What legal defenses do I have for intoxication manslaughter?

The best legal defenses for intoxication manslaughter in Texas typically focus on challenging the prosecution's evidence or arguing that other factors were primarily responsible for the fatal accident. Here are some of the most effective defenses:

  • Challenging the BAC test: A defense attorney may argue that the blood alcohol concentration (BAC) test was improperly administered or that the equipment was faulty. They might also challenge the chain of custody for blood samples.
  • Involuntary intoxication: As mentioned earlier, if you were drugged without your knowledge, this could be a strong defense.
  • Challenging causation: A defense attorney may argue that factors other than intoxication primarily caused the car accident.
  • Necessity or duress: In rare cases, the defense might argue that the defendant had to drive due to an emergency or threat.
  • Improper stop or arrest: If the initial traffic stop was illegal, evidence obtained afterward might be inadmissible.
  • Miranda rights violation: If the defendant's rights were violated during questioning, certain statements might be excluded from evidence.
  • Challenging field sobriety tests: These tests can be subjective and affected by factors other than intoxication.
  • Incorrect police procedure: Failure to follow proper procedures could compromise the case and potentially result in the dropping of charges.

Contact a Texas DWI defense attorney today

If you're facing intoxication manslaughter charges in Texas, it's important to act fast and get an experienced criminal defense attorney by your side.

Amanda Webb - DWI Lawyer can thoroughly investigate your case, challenge the prosecution's evidence, and work tirelessly to protect your rights and freedom.

Take the first step toward safeguarding your future by contacting us for a free DWI case evaluation. We'll answer any questions you have and inform you of your rights and options with no financial risk or commitment on your part.

Understanding the Impact of a DWI on Car Insurance in Texas

Whiskey with car keys and handcuffs concept for drinking and driving.

A DWI conviction can have serious penalties, many of which come after the terms and conditions of the sentence have been completed. Paying more for car insurance is among the more expensive and long-term consequences of a Texas DWI conviction.

How much does insurance go up after a DWI in Texas?

Typically, a driver with a driving while intoxicated conviction on their record will pay almost 50 percent more for car insurance than a driver with a clean record.

The average cost of car insurance in Texas is $2,631, according to Bankrate. With a DWI, the average cost is $3,901.

There is no hard-and-fast rule, but generally, a DWI can affect your insurance rates for 3-5 years or longer.

Can you still get car insurance after a DWI in Texas?

Getting car insurance in Texas after a DWI can be tough, but it's something you've got to deal with if you want to drive again. When insurance companies set rates, they look at how risky a driver is to insure. With a DWI on your record, you'll probably be seen as a "high risk," which means you'll likely pay more for your insurance — assuming companies are willing to cover you at all.

However, since Texas requires all drivers to have a certain amount of insurance to drive legally, finding a company that will insure you after a DWI is a must if you're planning to drive again.

Once a driver with a DWI has purchased insurance, Texas mandates they obtain an SR-22 certificate. Issued by the state, an SR-22 is required for drivers with DWI records. The certificate indicates that the driver has met the minimum requirements for purchasing car insurance. SR-22s must be filed with the Department of Public Safety for two years from the date of DWI conviction. Allowing the certificate to be canceled or lapse means a driver's license will be suspended.

How to avoid insurance rates going up

The best way to ensure your rates don't go up is to fight a DWI charge aggressively and thoroughly. Mounting a strong defense against a DWI charge can be a challenge. But if you take decisive legal action right away, you can put yourself in the best position to protect your freedom. At Amanda Webb - DWI Lawyer, we know what it takes to build a strong DWI defense. That’s why we have a 90 percent success rate. The keys to establishing a solid DWI defense often involve several important factors, including:

  • Strong, supporting evidence.
  • Timely, decisive action.
  • Aggressive legal representation.

How a DWI defense attorney can help if you've been charged

The potential for increasing insurance rates or loss of insurance coverage is just one of many reasons to take DWI charges seriously and consult an experienced DWI defense attorney. If you have been charged with DWI in Conroe, TX, or another Montgomery County community, contact us to see how we can help you. Attorney Amanda Webb is a former Assistant District Attorney in Montgomery County, and she knows the Texas court system inside and out. Our firm's DWI case results include:

  • DWI - dismissed.
  • DWI - reduced to reckless driving.
  • Felony DWI - reduced to misdemeanor.

Our Texas DWI defense legal team is available to hear from you anytime - 24/7. Contact us today.

NHTSA Pursues Drunk Driving Prevention Tech in Vehicles

Abstract Background concept of alcoholic beverages and driving.

What does this mean for drivers in Texas?

A proposal by the National Highway Traffic Safety Administration to require new vehicles to come standard with alcohol-detecting technology has the potential to seriously alter how DWI cases are handled in Texas and across the U.S.

Our criminal defense attorneys are closely following how the technology is developed and utilized by the government and criminal justice system. We're concerned that mandating this technology could lead to over-reliance on flawed testing and potential violations of privacy and defendants' rights.

BAC-testing tech could be required in new cars

At the heart of the NHTSA proposal are advanced sensors capable of detecting alcohol levels through touch or the ambient air. Some systems utilize steering wheel and gear lever sensors that measure blood alcohol concentration (BAC) from the driver's skin, while others assess the air in the vehicle's cabin. Specifically, the methods of impairment evaluation being considered include:

  • In-vehicle breathalyzer devices require a breath test before starting the vehicle, deterring drunk driving.
  • Breath and touch sensors detect alcohol levels in a driver's breath or bloodstream.
  • Eye movement monitoring cameras follow a driver's eye movements for signs of impairment.
  • Vehicle-to-driver communication systems assess a driver's alertness and responsiveness to deduce impairment.

This technology doesn't just attempt to measure alcohol presence; it prevents the vehicle from operating if it determines impairment. A false positive test result could shut down a person's vehicle as they are on their way to work, school, running errands,  going to medical appointments, etc.

Questions about privacy must be answered

The widespread integration of anti-DWI technology in new cars and trucks must be approached with caution. While technological advancements hold promise, they're not infallible.

Consider the evolution of breath BAC tests: once hailed as nearly bulletproof evidence, they've since fallen from grace. Many courts now reject breathalyzer results due to their unreliability. Given this, the proposal to integrate BAC detection and anti-impairment tech into cars deserves skepticism. Important questions must be answered to protect individual rights before requiring vehicle manufacturers to include monitoring tech in new vehicles, such as:

  • What measures would be in place to prevent false positives that could unfairly penalize drivers?
  • When will drivers be tested? When starting the vehicle only, or throughout their travels?
  • How would the accuracy of these systems be continuously verified and maintained to uphold trust in their judicial application?
  • What safeguards are in place to protect individuals' privacy rights? Who will monitor test results, what information will they obtain, how will it be kept, and how will it be used?
  • How long will information obtained by the technology be retained, and how will it be stored and destroyed?
  • How can we ensure that integrating this technology into criminal justice proceedings maintains fairness, accuracy, and justice for the accused?

With tests, there is always room for mistakes that can result in false positives for impairment - human error, equipment defects, poor maintenance, misunderstood interpretation, lost data, mishandled specimens, and more. While technology may be a promising avenue for reducing DWI incidents, the integration of monitoring devices in all new vehicles gives the technology more authority than it deserves.

At Amanda Webb - DWI Lawyer we have extensive experience fighting unreliable DWI test results. Our DWI attorneys know what it takes to demonstrate to prosecutors, judges, and juries technology's poor track record for accurately detecting impairment.

BAC test results are often wrong

As a former assistant district attorney, Amanda Webb is deeply familiar with the state’s criminal justice system. She uses this knowledge to fight for people facing DWI charges in Texas. Our legal team doesn't accept a prosecutor's narrative or police report as facts. We dig deep to find out exactly what happened so that we can fight for the best possible outcome of your case.

If you have been charged with DWI in Conroe, the Greater Houston Area, or a nearby community, contact our law firm today for a free case evaluation. A member of our team can listen to the details of what happened, explain your rights and options, and help you decide what to do next.

Texas DWI Penalties and the Role of Ignition Interlock Devices

Car keys and glass of alcohol on table in pub or restaurant.

Being charged with DWI can have lasting consequences.

There are a lot of penalties that come with a Texas DWI conviction - even for a first offense. One of the more long-term and inconvenient consequences is being ordered to use and maintain Ignition Interlock Devices, IIDs, on all vehicles. These small devices require drivers to provide a breath sample before ignition. If alcohol is detected or no sample is given, the vehicle will not start.

IIDs are intended to stop people convicted of DWI from driving under the influence. However, they are also prone to making errors that can cause trouble for someone trying to get their life back on track following a DWI conviction. Known IID issues include:

  • Detecting alcohol on a driver who recently used mouthwash.
  • Detecting alcohol on a driver who ate baked goods containing yeast and sugar (bread, donuts, etc.).
  • Equipment malfunction leading to false positive or incorrect reading.
  • Electrical connectivity problems.

A poorly functioning IID can stop a person from commuting to work, picking up their children, running errands, etc. It could also make a false violation report. Aggressively fighting drunk driving charges with the help of an experienced Conroe DWI attorney is the best way to avoid IID hassles. Here is more information about Texas' IIDs for DWIs program.

When did Texas start requiring IIDs?

In 2015, Texas overhauled some of its DWI laws. From this came the requirement that drivers with DWI-suspended licenses must use IIDs. If a driver fails an IID test, the device goes into a temporary lockout - usually about two minutes - before asking for a new breath sample. If the re-test fails, the IID will lock out again. Depending on the type of device, the testing process can continue until a clean breath sample is provided or completely lock the driver out, necessitating professional help to get it going again.

An IID lockout can do a lot more than make a person late or unable to get where they need to go. Failed tests may violate the driver's court order and lead to additional penalties, like fines, imprisonment, or license suspension/revocation. Although every case is unique, Texas typically considers the following IID-related violations:

  • Testing at or above the fail level - which could be lower than the standard 0.08 percent BAC.
  • Skipping or failing a rolling re-test.
  • Missing an IID service appointment.

Steps to apply for an IID Restricted Driver License in Texas

Following a DWI conviction, the court sends an IID order notice to the state licensing authority, which then issues a notice of cancelation of driving privileges. Usually, an individual has 30 days from the notice date to obtain and install an IID and apply for an IID license. Otherwise, their driving privileges are canceled.

  • Pay fees. The first thing an individual must do to obtain an IID-restricted license is pay interlock license and reinstatement fees.
  • Submit IID Restricted Driver License application. With fees paid, a driver is free to submit an application for an IID-restricted license. It can take up to 21 or more business days for the request to be processed.
  • Buy a certified IID. Drivers are required to purchase state-certified IIDs for each vehicle they regularly drive. In Montgomery County, the most frequently used IIDs are manufactured by Dräger, Intoxalock, LifeSafer, and Smart Start.
  • Make an appointment with a licensed installer. To satisfy court conditions, certified IIDs can only be installed by licensed IID service centers. Montgomery County has about a dozen facilities approved to install, maintain, or remove IIDs in Conroe, Hockley, Magnolia, Porter Heights, Spring, and Willis, among other communities.
  • Bring paperwork. At the installation, drivers are usually required to submit the following: two forms of photo ID, court paperwork, proof of residence, car insurance, and vehicle registration.
  • Monthly fees and service. Drivers must pay monthly IID rental fees and bring the devices in for servicing every 30 days.
  • Removing an IID. An IID can only be removed upon successful competition of a court order. Processing a removal request can take up to 21 or more business days. A service center will need a court seal or vendor removal form signed by a judge or county clerk before work can begin.
  • Get back on the road. Once the interlock restriction has been removed, a driver can apply for a duplicate license at any motor vehicle license office in Texas.

Experienced DWI defense that is always on your side

IIDs are not perfect. Last year, the Texas Regulatory Services Division received six complaints, conducted eight investigations, and did two inspections related to IIDs. If you were arrested for drunk driving in Conroe, Montgomery County, or the Houston area, don't accept the charges as a conviction, fight back. Contact Amanda Webb - DWI Lawyer to arrange a free case evaluation.

DWI vs. Wet Reckless: Know the Difference and Your Options in Texas

Mug of frothy beer with handcuffs and keys symbolizing drunk driving arrest.

A DWI is a serious offense where you're charged with operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. If you're facing DWI charges in Texas, Amanda Webb - DWI Lawyer can help you explore your options. That includes potentially reducing your DWI charge to a wet reckless charge or having it dismissed entirely.

In Texas, a DWI conviction carries serious legal consequences. For a first-time offense, this may include:

  • A fine of up to $2,000
  • Jail time ranging from 72 hours to 180 days
  • Driver's license suspension for 90 days to one year

Penalties are typically higher for DWI offenses with a BAC of 0.15% or greater, second or subsequent DWI offenses, and DWI offenses involving a car accident.

How does a wet reckless charge differ from a DWI?

The term "wet reckless" is not formally recognized in Texas law. It generally refers to a plea bargain in other states where a driver's DWI charge is reduced to reckless driving with alcohol as a contributing factor. This reduction usually occurs when the evidence of intoxication is less clear, and it typically results in lesser penalties compared to a DWI.

Reckless driving typically carries lighter penalties compared to DWI. They include a fine of up to $200 and/or a maximum jail time of 30 days. These lighter penalties also mean a reckless driving conviction is less likely to adversely affect your future career and education prospects.

What other options do I have to reduce a DWI charge?

Aside from a wet reckless plea deal, DWI charges in Texas can be reduced under certain circumstances. One common approach to reducing DWI charges is through plea bargaining for an Obstruction of a Highway charge, which is classified under disorderly conduct. Unlike a DWI conviction, this charge carries less serious consequences and can be expunged from your Texas criminal record.

Key factors that can influence the reduction of DWI charges include:

  • The absence of prior convictions
  • Your BAC) at the time of arrest
  • Whether the officer conducted the arrest procedure properly

If your BAC was close to the legal limit or there were procedural errors in the arrest, such as improperly conducted field sobriety tests, these can be strong arguments in favor of reducing the charges. Additionally, if you cooperated with the authorities and didn't cause any harm while driving intoxicated, the court could reduce the charges.

Additionally, issues with breathalyzer test administration or violations of constitutional rights can lead to a reduction in charges.

How do I help strengthen my defense?

The best way to protect your rights is to know your rights. You don't have to answer any questions an officer asks. For example, you don't need to disclose whether you've had anything to drink or how much you've had to drink. You also don't have to take a field sobriety test. These tests are subjective and are often unreliable. Your refusal to participate can't be used against you in court.

If you're facing DWI charges in Texas, your freedom and future could be at stake. Let Amanda Webb - DWI Lawyer, protect your rights and develop an effective defense strategy on your behalf. Using strong investigative and case-building skills, Attorney Webb has vast experience helping her clients fight or reduce DWI charges. She'll scrutinize the legality of the traffic stop, the breath or blood test results, and any violation of your constitutional rights.

Don't let a DWI arrest impact your life. Contact us online or call our Conroe law office to begin building your defense.