What Are the Penalties for DWI Resulting in Injury or Death in Texas?

 Posted on July 31, 2023 in Criminal Defense

Driving while intoxicated (DWI) can lead to tragic consequences, including serious injuries or even death. In Texas, like many other states, the law treats these cases very seriously due to their potential for harm. While all DWI offenses are taken seriously by law enforcement, situations in which drunk driving allegedly led to someone being injured or killed are likely to result in especially severe penalties. Those who could potentially face charges of intoxication assault or intoxication manslaughter will need to understand their options for defense, and by working with an experienced attorney, they can take steps to protect their rights and resolve their cases successfully.

Texas DWI Laws and Penalties

In Texas, a person may be charged with the offense of driving while intoxicated if they were physically or mentally impaired due to the use of alcohol or drugs. When drunk or intoxicated driving results in injury or death, additional charges may be imposed on top of the penalties that would apply for DWI. These charges may include:

DWI Resulting in Injury

If an intoxicated driver was involved in an accident, and someone else suffered serious bodily injuries, the driver may be charged with intoxication assault. Serious bodily injuries may consist of any forms of bodily harm that significantly increase the likelihood of death, as well as injuries that lead to disabilities or cause permanent scarring and disfigurement. Intoxication assault is a third-degree felony. If convicted, a driver may be sentenced to a minimum of two years and a maximum of 10 years in prison, and they may also be required to pay up to $10,000 in fines.

A person may face enhanced penalties if they caused an accident that resulted in injuries to a first responder. If a firefighter or emergency medical technician was injured, intoxication assault may be charged as a second-degree felony, and the driver could be sentenced to between two and 20 years in prison. If a DWI accident caused a police officer to be injured, the driver could face first-degree felony charges, and they could be sentenced to between five and 99 years.

DWI Resulting in Death

A person who causes a fatal accident while driving under the influence may be charged with intoxication manslaughter. This offense is typically classified as a second-degree felony. However, a DWI accident resulting in the death of a police officer, emergency medical technician, or firefighter may lead to first-degree felony charges. 

Legal Defenses in DWI Cases Involving Injury or Death

The consequences of a conviction for intoxication assault or intoxication manslaughter are undoubtedly serious. However, it is important to remember that every case is different, and legal defenses may be available based on the specific circumstances surrounding the incident. An experienced attorney who has experience in DWI cases can help explore potential defense strategies. In some cases, it may be possible to dispute blood alcohol concentration (BAC) evidence through expert testimony showing that chemical tests were administered incorrectly. It may also be possible to demonstrate that a driver was not the at-fault party in an accident and was not responsible for causing another person’s injury or death.

Contact an Experienced Plano DWI Defense Attorney

If you have been charged with intoxication assault, intoxication manslaughter, or other offenses related to drunk driving, it is important not to delay in seeking legal representation. A conviction on these charges can significantly impact your future. At Law Offices of Biederman & Burleson P.L.L.C., we can help you take steps to defend against criminal charges, and we will work to help you avoid a conviction when possible or determine whether your charges or penalties may be reduced. Contact our skilled McKinney DWI lawyers by calling 469-333-3333. We offer free consultations, and we will discuss the details of your case and explain how we can assist you in building a strong defense strategy.

Sources:

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

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