Few criminal charges carry the gravitas of intoxication manslaughter. This charge stems from instances where an individual, allegedly under the influence of alcohol or drugs, unintentionally causes the death of another while operating a vehicle.
According to the Texas Penal Code §49.08, a person commits intoxication manslaughter if they operate a motor vehicle, aircraft, or watercraft in a public place or an amusement ride while intoxicated and by reason of that intoxication, cause the death of another person. Whether death was caused by an accident or mistake, a crime has occurred. The offense is categorized as a second-degree felony.
Yet, while the law is written in black and white, the circumstances surrounding each case tend to paint a complex canvas of many shades. This is where the knowledge, experience, and finesse of seasoned DWI attorneys can be essential.
You Have Constitutional Protections
Every individual in the United States is protected by the Constitution, which guarantees certain inalienable rights. Among these is the Fourth Amendment, which protects citizens against unreasonable searches and seizures.
In a DWI context, this means any unlawfully obtained evidence—such as a blood sample taken without consent or proper procedure—could be contested and possibly excluded from the courtroom. If we’re able to get certain evidence excluded, it could mean a complete dismissal of the criminal charge. Case dismissed!
Texas Law & Your Rights
Along with the Constitution of the United States, the Texas Constitution mandates specific rights, like the right to a speedy trial and protection against self-incrimination.
Additionally, the Texas Codes of Criminal Procedure detail processes such as arrest protocols, setting of bail, and juror selection. These details can sometimes become the linchpin of a robust defense strategy.
Strategies That Have Stood the Test of Time
With knowledge of the law, backed by science, Attorneys Tad Nelson & Amber Spurlock have often brought forth several key defense strategies in intoxication manslaughter cases:
- Challenging the Validity of Sobriety Tests: Often, the veracity of field sobriety tests can be questioned. These tests, despite their widespread use, are not infallible. They’re prone to errors both in administration and interpretation.
- Disputing the Blood Alcohol Concentration (BAC) Levels: The equipment used to measure BAC isn’t always well-maintained. Often, they’re not used correctly. As ACS/CHAL Lawyer-Scientists with deep insights into the mechanics of these tests, we can pinpoint inaccuracies and inconsistencies.
- Questioning the Chain of Custody of Evidence: Ensuring that evidence has been preserved without tampering is pivotal. Any irregularities can be grounds to get that evidence excluded.
A Beacon of Hope in Troubling Times
The Law Offices of Tad Nelson & Associates
No one plans to be at the center of an intoxication manslaughter case. The penal ramifications are tremendous. With the backing of experienced DWI lawyers like Tad Nelson & Amber Spurlock, there’s always a glimmer of hope.
We not only bring to the table decades of experience but also a commitment to justice, fairness, and a deep-rooted belief in defending the rights of every individual.
If you or someone you know is grappling with such charges in Galveston, reach out. We offer 100% confidential consultations, flexible payment options, and a genuine intent to keep you free.
If you have questions or would like to schedule a meeting, contact us to schedule your free consultation with our legal team. We can be reached at 409-904-0075.