Manslaughter is a charge where someone has died and someone else is held responsible. There is voluntary manslaughter and involuntary manslaughter and the laws in different states deal with both counts and the individual situations as warranted. However, there is another form of manslaughter that is called intoxication manslaughter and Texas is one of the few states that prosecutes it fully.

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.

Intoxication manslaughter can be seen as with or without a deadly weapon and depending on which one is found in the case is how the person’s sentence will be dealt with. If it is tried as intoxication manslaughter alone, then a person could request probation after spending anywhere from 30 to 180 days in jail. If, however, the person is found to have used a deadly weapon (in such cases, a car), then probation is not allowed.

Texas is one of the states found to have a zero tolerance policy for many things. Our death penalty convictions are usually upheld, we go after child molesters stringently and we have no tolerance for drug or alcohol offenses. If a person is found in another state and has warrants in Texas, that person will be extradited. Texas goes after its offenders.

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.” Still, before a person drinks, he or she should make arrangements with a taxi service, a sober friend or just stay home to drink if drinking is a desire.

Texas people like to party just as anyone else does but Texas also knows that with partying, with drinking, responsibility needs to occur. So if you choose to drink in Texas and you are of age to do so, fine. But if you choose to drink and drive in Texas, look out. The penalties are stiff and believe it or not, well deserved. Don’t mess with Texas.