- Classification: 2nd Degree Felony
- Jail exposure: 2–20 years Texas Department of Criminal Justice
- Maximum fine: $10,000 maximum
- License: License suspension; ALR deadline applies; case now involves law enforcement homicide investigation
The Most Serious DWI Charge in Texas
Intoxication manslaughter under §49.08 applies when a person dies as a result of a DWI. It is a second-degree felony — one step below first-degree felony, which carries 5–99 years. The 2–20 year sentencing range reflects the gravity of a charge that involves a death.
From the moment of arrest in an intoxication manslaughter case, the procedural and investigative landscape is fundamentally different from any other DWI charge. Law enforcement conducts a full homicide-level investigation — accident reconstruction, toxicology at autopsy level, witness interviews, and the defendant’s full history. Prosecutors typically assign senior-level district attorneys to these cases.
What Happens Immediately After This Arrest
- Bond is set in district court — often $50,000–$200,000 or higher; some judges deny bond entirely
- Multiple law enforcement agencies may be involved: local PD, DPS, and in some cases highway patrol accident reconstruction units
- The victim’s family may retain a civil attorney simultaneously with the criminal prosecution — the criminal case and a civil wrongful death suit can proceed in parallel
- The ALR 15-day deadline still applies — protecting your license during the pendency of an already-overwhelming case
Defense at This Level Requires Immediate Action
Accident reconstruction evidence is gathered and preserved in the hours and days after the incident. Witnesses’ memories fade. Physical evidence at the scene deteriorates. An attorney retained immediately can retain independent accident reconstruction experts, preserve evidence, and begin building the causation defense from the start rather than trying to reconstruct a scene months later.
This is not a case to approach without experienced DWI defense counsel. Call 800-225-5394 immediately — we connect you with attorneys who handle intoxication manslaughter cases and understand the immediate investigative actions that can affect the entire trajectory of the case.