Intoxication Manslaughter Defense in South Texas

Intoxication manslaughter is the worst nightmare outcome for everyone about drunk driving. The thought of yourself or a loved one becoming a random victim while simply traveling by car horrifies people like few things can. We all can imagine it befalling us or someone we love, no matter what precautions we take.

Guilty or not, everyone has lost in that situation. Lives and communities are changed forever.

News outlets reliably cover the tragedy as a drunk driving case based solely upon police suspicions. Loved ones of the dead call for swift punishment. When the accused can post bail to leave jail, social media erupts. Candlelight vigils amplify calls for aggressive prosecution. Contempt and condemnation rain down on the killer.

That’s the starting point of most intoxication manslaughter cases.

What Happens to Drivers Accused of Intoxication Manslaughter

For the accused, the problems have just begun. Few consider what happens to drivers accused of intoxication manslaughter.

Crashes frequently cause serious, permanent injury for the accused. Head injuries may mimic intoxication and erase memories of what happened. Medical treatment for the accused may be delayed while police try to gather evidence. Police may callously disregard injuries of drivers they consider blameworthy of killing someone. Waking up in a hospital without knowing what happened is confusing and terrifying. Learning someone died and you may be at fault is devastating. Being arrested while being medically treated is routine.

Bail, Pre-Trial Supervision, and the Cost of Defense

Being forced to make critical legal decisions without a lawyer is normal. Loved ones are not allowed to communicate with the accused. It may take days for family to learn they must somehow come up with $10,000, $20,000, $50,000, or even more, simply to get their loved one out of jail before trial. Otherwise, jail becomes home for months or years.

Those who can make bail wind up on pre-trial supervision, which feels the same as being convicted and serving probation. This is all before they’ve had a trial or seen any evidence. Legal fees and seeking a capable lawyer add further stress.

Intoxication Manslaughter Is The Definition of Serious

Defending people accused of intoxication manslaughter is extremely serious. It is one of the most challenging tasks a lawyer can face. Those charged with intoxication manslaughter will likely never face anything more serious in life. A lawyer with specialized skills and deep understanding of many issues is required.

General criminal law knowledge is a must for any attorney handling such a case, of course, but it’s not enough. Intoxication offenses call for particular and clear understanding of specific issues. Scientific knowledge of blood testing and breath testing can mean the difference between winning and losing, for example. Few lawyers have such knowledge. Choosing an attorney up to the task may be the only chance at a decent outcome. Choose carefully after exploring all your options. The consequences will shape the rest of your life.

Intoxication manslaughter is a second-degree felony, which is punishable by up to 20 years in prison, even for a first-time offender. As of 2025, if more than one death is involved or the deceased is a first responder, the charge is elevated to a first-degree felony, meaning a maximum of life in prison or 99 years.

Probation up to 10 years long is possible, but six months in jail is a mandatory condition. Alcohol treatment programs could take away freedom for many months, as well.

Other consequences include heaping of extreme societal stigma and shame upon people convicted of intoxication manslaughter, driver license suspension, extraordinary obligations for restitution, possible obligation of child support payments for 18 years or more, and other monetary obligations.

The state has the burden of proof and must prove all elements of the charge beyond a reasonable doubt. Potential legal battles include whether you were intoxicated at all and whether death was actually caused by the intoxication. For example, even when intoxication is proven, reasonable doubt may exist in the form of poor visibility, mechanical failure, or dangerous driving by the deceased.

Attorney Phillip W. Goff invites you to contact him during your search. He is especially qualified to help you through this difficult time.

Throughout his 30+ years of practice, he has been deeply involved in professional organizations dedicated to DWI defense. He has reached the instructor level for Standardized Field Sobriety Testing. He has earned the Lawyer-Scientist certification from the American Chemical Society. He has graduated the National College for DUI Defense’s Serious Science, Blood Alcohol Analysis and Advocacy curriculum, as well as their Advanced Breath Testing Course. Few DWI defense attorneys have achieved even one of these accomplishments. Fellow lawyers rate him as preeminent in his field, and hundreds of his clients publicly praise him online.

Compare multiple attorneys who practice where you were arrested. You deserve the best possible defense.