What Happens When a Texas DWI Results in Injury or Death to a Person? 

 Posted on June 28, 2021 in Criminal Defense

Throughout the years, there have been many efforts to reduce the number of alcohol-impaired traffic crashes. While many of these programs have succeeded, alcohol-impaired driving remains a problem in today’s world. According to the National Safety Council (NSC), 48 percent of all traffic deaths in the U.S. involved an alcohol-impaired driver in 1982, though that number has dropped to 29 percent of all deaths in 2018. Texas law enforcement continues to prosecute those who drive while intoxicated (DWI) to the fullest extent of the law, especially in DWI cases involving injury or death.

Intoxication Assault

If you injure a person while you are committing a DWI offense, you will likely be charged with intoxication assault. This charge applies when you are found to have caused “serious bodily injury” to another person out of the course of operating an aircraft, watercraft or motor vehicle while you were intoxicated. Specifically, “serious bodily injury” means an injury that creates a substantial risk of death or causes serious permanent disfigurement. In most cases, intoxication assault is charged as a third-degree felony, meaning it comes with a possibility of 2 to 10 years in prison, along with up to $10,000 in fines.

Intoxication Manslaughter

Intoxication manslaughter is said to have occurred when a person operates a motor vehicle, aircraft, or watercraft while they are intoxicated and causes the death of another person because of that intoxication. In most cases, intoxication manslaughter is charged as a second-degree felony. This means that intoxication manslaughter can come with a punishment of between two and 20 years in prison, in addition to up to $10,000 in fines. The driver will also face a driver’s license suspension of between six months and two years, and may face other penalties such as court-ordered community service.

Contact an Austin, TX DWI Defense Attorney Today

Being charged with DWI can be a scary and damaging process. Not only can you be facing criminal charges, but you may also have to deal with other ramifications, such as issues with employment and insurance rates increasing. If you are facing charges for DWI, including DWI causing bodily injury or death, you should immediately get in touch with an Austin, TX DWI defense lawyer. At Morales Law Office, Attorneys at Law, PLLC, we can help you with any type of DWI charge you may be facing. To schedule a free consultation, call our office today at 512-474-2222.

Sources:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm

https://injuryfacts.nsc.org/motor-vehicle/motor-vehicle-safety-issues/alcohol-impaired-driving/

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.12.htm