Penal Code · §49.08
Intoxication Manslaughter
By accident or mistake, while operating a motor vehicle/aircraft/watercraft/amusement ride in a public place by reason of intoxication, causes the death of another.
The base classification is 2nd degree felony, with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Key points
- By accident or mistake
- While operating motor vehicle/aircraft/watercraft/amusement ride
- While intoxicated
- Causes the death of another by reason of intoxication
Texas Law — Charge Details
2nd Degree → 1st Degree Felony
Offense
Intoxication Manslaughter
Statute
Tex. Penal Code §49.08
Classification
2nd degree felony
By accident or mistake, while operating a motor vehicle/aircraft/watercraft/amusement ride in a public place by reason of intoxication, causes the death of another.
Potential Penalty Enhancements
| If this condition applies… | Charge escalates to |
|---|---|
| Victim is peace officer/firefighter/EMS on duty | 1st degree felony |
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Worked examples
Worked example 1
Intoxication Manslaughter under §49.08 is what level of felony?
- State jail felony
- 3rd degree felony
- 2nd degree felony Correct
- 1st degree felony
Why: Intoxication Manslaughter is a 2nd degree felony. Elevated to a 1st degree felony if the victim was a peace officer, firefighter, or EMS personnel acting in the discharge of duties.
Statute: Tex. Penal Code §49.08(b)