Brazoria County Intoxication Manslaughter Lawyers

Over 42 Years of DWI Defense. More Than 6,000 Cases Handled.

An intoxication manslaughter arrest moves fast. From the moment law enforcement takes you into custody, prosecutors begin building their case, and physical evidence at the accident scene can disappear within days. Under Texas Penal Code §49.08, intoxication manslaughter is one of the most aggressively prosecuted felony offenses in the state. The charge is serious, but it is an allegation, not a conviction, and you are presumed innocent until the state proves otherwise beyond a reasonable doubt.

Steve Gonzalez and Kristina King lead a firm that has handled more than 6,000 cases across Brazoria, Galveston, Harris, and Fort Bend Counties, with over 42 years of combined DWI and criminal defense experience. We appear regularly before the Brazoria County District Courts in Angleton, where intoxication manslaughter cases are prosecuted. That local presence shapes how we build each defense from the start.

To discover your legal options, contact us at (832) 900-9867 now. 

Intoxication Manslaughter Penalties in Texas

Intoxication manslaughter under §49.08 is a second-degree felony. A conviction carries 2 to 20 years in the Texas Department of Criminal Justice and a fine of up to $10,000. Prosecutors rarely pursue probation in these cases, and when a court does grant it, a sentence of 120 to 180 days in county jail is typically still required. Community service obligations range from 240 to 800 hours. A driver’s license suspension of up to two years may also be imposed.

The statute covers any of the following vehicle types:

• Motor vehicle
• Aircraft
• Watercraft
• Amusement ride

When multiple people die in the same incident, each death is charged as a separate count. Stacked sentences are possible, and the state will typically allege that the vehicle itself was a deadly weapon, which affects parole eligibility and classifies the case as an aggravated offense for parole purposes.

First-Degree Felony Enhancement

Under §49.09, certain circumstances can elevate the charge from a second-degree to a first-degree felony, carrying 5 to 99 years or life in prison. Enhancement applies when the victim was a peace officer, firefighter, or EMS worker on duty, and when multiple deaths resulted from the same criminal transaction. A 2025 statutory amendment also creates a first-degree enhancement when the defendant has a prior intoxication-related conviction and was, at the time of the new offense, in violation of an immigration-related offense under Penal Code Chapter 51. These enhancements turn on the specific facts of each case and should be discussed with a defense attorney as early as possible.

Collateral Consequences of a Felony Conviction

A prison sentence isn’t the only consequence a conviction produces. A felony record in Texas follows a person long after any sentence is served. Many licensed professions become inaccessible because licensing boards routinely screen out felony applicants. Housing is similarly affected, with landlords and property managers routinely declining applicants with felony records. Educational opportunities and financial aid eligibility can also be restricted.

Courts may impose additional conditions beyond incarceration. An ignition interlock device can be required as a condition of any probated sentence, and mandatory alcohol treatment programs are commonly ordered. These obligations compound the burden of a conviction and underscore why a strong defense at the earliest stage matters.

Our Defense Approach for Intoxication Manslaughter Charges

The prosecution must prove two things beyond a reasonable doubt: that you were intoxicated, and that your intoxication, not some other factor, directly caused the death. Being present at an accident isn’t the same as causing it. Causation is a contested legal element, not an automatic finding. Because intoxication manslaughter requires no proof of intent, the state’s case turns almost entirely on physical and forensic evidence.

Our criminal defense attorneys examine that evidence carefully. We build personalized defense plans based on the specific facts of each client’s case, and we’re prepared to challenge both the science and the procedures behind the prosecution’s evidence. The section below outlines the defense strategies we can pursue in intoxication manslaughter cases in Brazoria County.

Tell us more about the factors of your case and obtain the legal protection available to you by contacting our office today at (832) 900-9867.