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Intoxication Manslaughter Defense Austin Trial Lawyers

Austin Intoxication Manslaughter Defense Attorney

Experienced Intoxication Manslaughter Lawyer Serving Travis County, TX

If you or a loved one are facing intoxication manslaughter charges in Austin, TX, it's essential to understand the specifics of your case, what you’re up against, and how a strong legal defense can make a difference. At Smith & Vinson Law Firm, our experienced attorneys are dedicated to protecting your rights and ensuring that you receive a fair trial. Below, we’ll cover frequently asked questions about intoxication manslaughter, potential defenses, and how we can help.

To speak with our experienced Austin intoxication manslaughter lawyers, give us a call at (512) 359-3743 or contact us online today. 

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What is Intoxication Manslaughter in Texas?

In Texas, intoxication manslaughter occurs when a person operates a vehicle while intoxicated and unintentionally causes another person’s death. This is a serious felony charge, with consequences far more severe than those of a standard DWI. According to Texas Penal Code Section 49.08, intoxication manslaughter is defined as “causing the death of another by accident or mistake due to intoxication while operating a vehicle, boat, aircraft, or amusement ride.”

If convicted, the penalties can include extensive prison time, heavy fines, and a permanent criminal record. Given these significant penalties, anyone charged with intoxication manslaughter should seek skilled legal representation to help minimize or avoid the harshest consequences.

What Are the Penalties for Intoxication Manslaughter in Austin, TX?

Texas has some of the toughest DWI laws in the country, and intoxication manslaughter is a second-degree felony. Penalties upon conviction include:

  • Prison Time: A conviction for intoxication manslaughter in Texas can result in 2 to 20 years in prison.
  • Fines: Fines can be as high as $10,000, in addition to court fees and restitution payments.
  • License Suspension: A person convicted may face a suspension of their driver’s license for up to two years.
  • Probation and Community Service: Courts may impose community service hours, probation, or mandatory alcohol education classes.

Beyond these penalties, a conviction can also lead to restrictions on employment, housing, and other areas of life. At Smith & Vinson, we understand the severe impact this can have, and we fight to secure the best possible outcomes for our clients.

  • Not Guilty 2nd DWI

    Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.

  • NOT GUILTY DWI

    911 caller reported our client passed out in the middle of an intersection. Police arrived on scene, and would later find meth, cocaine, and THC gummies inside the car. There were also two open containers of alcohol in the front console. Client was very groggy and unintelligible but woke up pretty quickly after officers arrived. According to the officers, the client failed the field sobriety test. But, of course, they always say this.

  • Motion to Suppress Granted During Trial DWI .11 Blood Warrant

    This was the 2nd jury trial for this case. First one was a 4-2 hung jury for not guilty. This trial ended in a dismissal by the State mid-trial after we fought and won a motion to suppress. Client and his wife pulled off on the side of the road sleeping in truck with engine running. Client in driver seat with seat laid way back. Officers say they smelled odor of alcohol coming from vehicle but didn’t specify who in the car it was coming from.

  • Case Dismissed DWI

    Our client left 6th Street at 2:00 AM after celebrating an anniversary and fell asleep at the wheel. He was arrested for DWI at 4:30 AM and blew a .138 on the breathalyzer.

  • Not Guilty DWI .17 Blood Result

    A soldier on base at Fort Hood hit a parked car in the parking lot of his barracks while attempting to back into a parking space. A bystander called 911, believing the driver to be drunk. Military Police investigated the incident and performed field sobriety tests. The soldier was arrested for DWI and his blood was drawn for analysis. The lab results came back, showing an alleged blood alcohol content of 0.178.

  • Case Dismissed/Charges Reduced DWI With Child Passenger - Felony
  • Not Guilty 2nd DWI

    911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.

  • Pre-Trial Diversion DWI Voluntary Blood Draw

    Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit. Our client has a prior felony conviction. The State waited a full 2 years after the incident and right before the deadline of the statute of limitations were to expire to file the charges against our Client.

  • Case Dismissed DWI

    Our client was stopped by a police officer for driving the wrong way down a one-way street. A Blood Warrant was issued, and the test came back .09. Our client was new to the area and attempting to get a job. Pleading guilty to a DWI was not an option. After negotiating with the prosecutor, our firm was able to get the DWI charge dismissed after successful completion of 18 months deferred prosecution.

  • Case Dismissed DWI

    Our client was charged with a DWI in Waco when he was caught crossing through a ditch to get to a frontage road during traffic. He admitted to having three drinks and performed SFSTs. However, he refused to provide breath or blood to the officers.

  • Not Guilty DWI .22 Blood Warrant

    This was the 2nd time we tried this case. First one ended in a mistrial last year. 911 caller reported 2 people leaving a restaurant belligerent and stumbling. Officer arrived on scene, conducted field sobriety tests and arrested client for DWI. Client refused to provide a sample. Warrant was obtained and blood came back a .22.

  • Case Dismissed; Charges Reduced Felony DWI

    Our client was arrested for her fourth DWI with an alleged BAC of 0.168. The State aggressively prosecuted this case and sought prison time. We were able to work with the client on a mitigation strategy that resulted in the State agreeing to drop the felony and offer probation on a misdemeanor, keeping the client out of jail.

  • Case Dismissed 2nd DWI

    Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist

  • Probation (was looking at 25 to life in prison) Felony DWI

    Our client was arrested and charged with DWI. The alleged BAC was 0.083. However, because he had 6 prior DWI’s and had previously been to prison multiple times, the client was facing 25 years to life in prison. The client accepted responsibility for the crime and our attorneys set this case for a sentencing hearing in front of the judge, where we put on a strong mitigation case with multiple witnesses. We were able to avoid prison or jail for the client. He was sentenced to probation.

  • Case Dismissed Felony DWI w/ Child Passenger

    After spending Thanksgiving Day with her family, our client drove home with her daughter in the backseat of her car. She was pulled over for speeding and given a warning. At that point, she should have been free to leave. Instead, a backup officer arrived on scene and demanded that the client step out of the car so he could perform an “investigation.”

  • Case Dismissed DWI

    Our client, a veteran, fell asleep at the wheel and was involved in an accident. He was arrested for DWI and refused to give a breath or blood sample to the police. He came to us concerned that a DWI conviction would put an end to his military benefits. We received a plea offer for a DWI conviction with 15 months of probation, but we knew we could do better.

  • Case Dismissed DWI

    Our client was stopped for a headlight that had gone out and was then arrested for and charged with DWI. He consented to a breath test and blew a .11. Upon reviewing the dash cam video, we discovered that the field sobriety tests were performed off camera. We knew that the video would not be usable in trial and used this information to pressure the prosecutor during our negotiations.

  • Case Dismissed Intoxication Assault

    Our client had allegedly been drinking with friends after work. He woke up in the hospital after an accident that severely injured another person. We fought for our client in our negotiations with the prosecutor on his felony Intoxicated Assault charge and worked with the injured party’s insurance company on a plan to compensate her for her injuries. The felony was ultimately dismissed and reduced to a misdemeanor DWI charge.

  • Pre-Trial Diversion DWI Voluntary Blood Draw

    Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit.

  • Not Guilty DWI .24 Blood Warrant

    Our client, an older male working professional, was stopped for a traffic violation while leaving downtown Round Rock. A major issue arose with the blood analysis conducted by a DPS analyst who had a prior disciplinary history.

  • Motion to Suppress Granted; Case Dismissed DWI 2nd .209
  • Case Dismissed DWI

    Our client was pulled over for failure to signal intent to turn. The arresting officer claimed the vehicle accelerated at a high rate of speed (67 MPH in a 30 MPH zone) resulting in a chase. When our client stopped, the officer noted the smell of alcohol on our client’s breath.

    It’s clear they care about the people they work with, not just the legal outcome.
    “I’ve worked with a few law offices over the years, but Smith and Vinson made the biggest impression. From the first time I heard and met with them, they were professional, kind, and genuinely attentive.”
    - Thomas A.
    They exceeded all my expectations with their professionalism, compassion, and dedication.
    “The entire staff was incredibly helpful, responsive, and made me feel supported every step of the way. I’m truly grateful for their expertise and care, they made a stressful situation so much easier to navigate.”
    - Cielo J. R.
    This law firm is top notch!
    “Very dedicated & professional! I always knew where things stood in my case at ALL TIMES and I received the outcome that I needed nobody is going to fight harder for you! Thanks again Charlie Falck and Annie Mann you guys are genuinely the best :)”
    - Taylor T.
    If you’re in Travis County and facing charges, I’d absolutely recommend giving this firm a call.
    “Brad really takes the time to get to know your situation. He was sharp, respectful, and didn’t sugarcoat anything.”
    - Kayla S.
    Smith and Vinson were incredibly helpful when I needed legal advice.
    “They didn’t waste time, explained everything clearly, and were super prepared. If you need a criminal defense lawyer in Austin, this is a firm you can trust!”
    - Keira C.
    Great defense lawyers.
    “Very professional and efficient throughout my entire case. They took my situation seriously, explained every step, and made sure I felt supported. You can tell they’ve handled serious cases in Travis County before.”
    - Destiny E.
    Outstanding service from start to finish!!
    “I can't thank this firm enough! Brad Vinson is a top-notch attorney who fights relentlessly to get cases dismissed. His dedication and expertise truly set him apart.”
    - Iayni M.
    My experience with this law firm was fantastic
    “From the first call to the last, they stayed in communication with me and let me know every step of the way. The attorneys at this office and the support staff got my case dismissed with no problems. If you find yourself in a situation, I highly recommend calling this firm.!”
    - Lyndsey O.
    The level of professionalism, expertise, and care I received was spectacular.
    “From our very first consultation, Charlie took the time to truly understand my situation, explain my options clearly, and guide me every step of the way. I highly recommend him and his staff.”
    - Didi C.

Contact Smith & Vinson Law Firm for a Free Consultation

Facing intoxication manslaughter charges can be overwhelming, but you don’t have to go through it alone. Smith & Vinson Law Firm is here to provide the guidance, support, and aggressive defense you need to protect your rights. Contact us today for a free consultation and let us help you navigate this challenging time.


At Smith & Vinson, our commitment is to your future. Call us at [Insert Phone Number] or fill out our online contact form to schedule your consultation. Let us provide the legal representation you deserve.

To speak with our experienced Austin intoxication manslaughter lawyers, give us a call at (512) 359-3743 or contact us online today. 

  • National College of DUI Defense
  • DUI Defense Lawyers Association
  • AVVO Brad
  • AVVO Jarrod
  • The College of the State Bar of Texas
  • National Trial Lawyers

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