Penal Code · §49.08
Intoxication Manslaughter
Elements
- A person operates a motor vehicle in a public place, an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride
- Is intoxicated
- By reason of that intoxication
- Causes the death of another by accident or mistake
Penalty
Second-degree felony — 2 to 20 years TDCJ + up to $10,000 fine (§12.33).
Enhancements
First-degree felony if victim was a peace officer, firefighter, or EMS personnel acting in the discharge of an official duty — 5 to 99 years or life + up to $10,000 fine (§12.32). Driver's license suspension applies. Each death supports a separate count. Standard §12.42 habitual enhancements apply.