Driving in an intoxicated state or under the influence of alcohol or any other narcotic drug or controlled substance is considered to be a criminal offense in the state of Texas. Any person who gets behind the wheels of a vehicle with a Blood Alcohol Content exceeding the permissible limit is considered to be driving in an intoxicated state. The permissible blood alcohol content is different for commercial drivers, underage drivers and other individuals. According to the Texas Penal code if a driver causes death to another person while driving in an intoxicated state then that person can be charged for a felony offense of intoxication manslaughter. In handling such a case the prosecutor and the jury is quite harsh and unforgiving. Therefore, to get relief from the strict penal provisions of intoxication manslaughter it is necessary to hire a capable DWI Houston Lawyer to represent the case before the Court and get the best possible results out of it. Only a skilled lawyer will be able to defend the case aggressively and put forward his best foot to be successful.Punishment Considered As Intoxication Manslaughter
A person is said to have committed an intoxication manslaughter offense if he or she operates a motor vehicle in a public place under the influence of alcohol or any other drug and accidentally or mistakenly takes the life of another person. Such a charge is classified as a second degree felony and is severely punishable by law. However, such a case is dependent on a number of factors and the prosecutor must gather sufficient evidence against the suspect to obtain conviction. The first thing that the prosecutor must prove is that the suspect was in an intoxicated state while committing such an accident. Another important evidence that must be provided is that the person convicted of killing was the one who was driving the vehicle and that the death of the person killed was because of driving. If these evidences can be presented before the Court of Justice then the person suspected can be charged for intoxication manslaughter.
Chemical Tests Conducted On Suspect
A person who has been arrested for the cause of death of another person while driving in an intoxicated state is often asked to submit to a blood test. If the suspected driver got injured in the accident then the law enforcement officer will take his blood sample from the hospital to determine the Blood Alcohol Concentration in his body. The report of the blood test obtained either by the police officer or at the hospital will be presented as evidence before the court to establish the fact of his criminal act. A skilled DWI Houston Lawyer will examine the test results in detail and try to find out any flaws in the report presented such as the blood was not stored properly or the testing procedure was incorrect to defend the charges leveled against his client.
Penalties Imposed And Possible Defense Strategies
According to the Texas Penal Code an individual convicted for an intoxication manslaughter offense shall be sentenced to a jail term of minimum 2 years and which may extend up to 20 years in the Texas Department of Criminal Justice Penitentiary and an additional fine of $10,000. For any probationary terms the Court can impose a penalty of 240 hours of community service while it is authorized to increase the time period up to 800 hours. A lawyer experienced in this field will take steps to exclude the testimony, try to suppress evidences when the same are against this client and try to dismiss the felony charged imposed. In some cases it is seen that the law enforcing officer makes the arrest only after the results of the blood test is received which may take even months. So if you believe that you are investigated for a possible intoxication manslaughter offense immediately contact a suitable defense lawyer to grab hold of the situation before it is too late. Never get into a conversation with any police officer until you talk to a lawyer to protect your rights.
