Texas Penal Code § 49.08 – Intoxication Manslaughter
Table of Contents
Statutory Text:
(a) A person commits an offense if the person:
&(1)& operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
&(2)& is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
(b) Except as provided by Section 49.09, an offense under this section is a felony of the second degree.
What Is Intoxication Manslaughter?
Unlike murder or voluntary manslaughter, intoxication manslaughter does not require intent to kill. It is a strict liability crime based on the act of operating a vehicle while intoxicated and causing death as a result.
The law targets fatalities resulting from:
Drunk or drug-impaired driving
Boating or aircraft crashes
Carnival ride accidents involving intoxicated operators
The state must prove that the death directly resulted from the intoxicated operation.
When This Law Applies
Common scenarios include:
A drunk driver causes a fatal collision
A driver under the influence of prescription drugs hits and kills a pedestrian
A boater crashes into another vessel, killing a passenger
An intoxicated amusement ride operator causes a fatal fall or malfunction
The offense also applies when the victim is a passenger in the defendant’s own vehicle.
Example Scenario
A person drives home after consuming several mixed drinks. They fail to stop at a red light and T-bone another vehicle, instantly killing the other driver. Although they did not intend to cause harm, their intoxication directly caused a fatality. They can be charged with intoxication manslaughter under § 49.08.
Civil Liability for Intoxication Manslaughter
The families of victims frequently file wrongful death lawsuits after a fatal DWI. Civil consequences may include:
Economic damages (medical, funeral, and lost income)
Non-economic damages (pain, emotional distress, loss of companionship)
Punitive damages for gross negligence
Claims against both the driver and any alcohol provider (bar, restaurant, etc.)
Victims’ families often rely on the criminal conviction as evidence in civil court.
Criminal Penalties for Intoxication Manslaughter
Second-degree felony
2 to 20 years in prison
Up to $10,000 fine
Minimum 240 hours of community service
License suspension
Possible ignition interlock device upon release
Enhanced penalties apply if the victim was a firefighter, peace officer, or emergency medical worker. These cases may be reclassified as first-degree felonies, carrying up to life in prison.
Related Statutes
§ 49.01 – Definitions
§ 49.04 – Driving While Intoxicated
§ 49.07 – Intoxication Assault
Civil Practice & Remedies Code § 71.002 – Wrongful Death
Alcoholic Beverage Code § 2.02 – Dram Shop Liability
Texas Case Law Interpreting § 49.08
Affirmed intoxication manslaughter conviction where alcohol contributed to fatal crash.
Clarified that causation must be directly tied to intoxication, not just poor driving.
Held that intoxication manslaughter applies even when the victim is a passenger in the defendant’s vehicle.
Frequently Asked Questions About § 49.08
Houston Personal Injury Lawyer - Joel A. Gordon
Yes. It is a second-degree felony, with up to 20 years in prison.
Yes. The statute applies regardless of the victim’s identity, including passengers in the defendant’s vehicle.
No. It is not necessary to prove intent. The offense focuses on intoxication and the resulting death.
Yes. Civil wrongful death lawsuits are often filed, and a conviction can support a judgment for damages.
Yes. If the victim is a public servant performing official duties, the offense becomes a first-degree felony.