Intoxication Manslaughter Attorney in Houston

A Former Harris County Prosecutor Brings Trial-Focused Insight to Your Defense

A charge of intoxication manslaughter is one of the most serious criminal accusations a person can face in Texas. If you’re under investigation or have already been arrested, the decisions you make in the hours and days that follow can affect the entire course of your case. At Hochglaube & DeBorde, PC, we represent people facing serious criminal charges throughout Houston and across Texas, from the earliest stages of investigation through trial and, when necessary, appeal.

Nicole DeBorde Hochglaube handles both state and federal criminal matters at every stage: investigation, charging, trial, post-conviction, and parole. Before founding the firm, she served as a prosecutor at the Harris County District Attorney’s Office from 1994 through 2002. That background gives her a direct understanding of how these cases are built and where they can be challenged. An accusation isn’t a conviction, and we approach every case with that premise in mind.

What Is Intoxication Manslaughter Under Texas Law?

Texas Penal Code Section 49.08 defines intoxication manslaughter as operating a motor vehicle in a public place, an aircraft, a watercraft, or an amusement ride while intoxicated and, by reason of that intoxication, causing another person’s death by accident or mistake. The State must prove each element beyond a reasonable doubt, including the causal connection between the alleged intoxication and the death.

That last element matters. A fatal collision doesn’t automatically satisfy the statute. The prosecution must show that the death occurred by reason of the intoxication, not simply that both intoxication and a death were present in the same incident. The statute doesn’t require the State to prove that the driver intended to cause harm, but it does require proof of causation, which is a distinct and contestable element of the charge.

Intoxication manslaughter is classified as a second-degree felony under Texas law. A separate statute, Texas Penal Code Section 49.07, covers intoxication assault, which applies when a person suffers serious bodily injury rather than death. The assault and manslaughter charges differ in their consequences and in the proof required, though the investigative circumstances often overlap.

Consequences of an Intoxication Manslaughter Conviction

A second-degree felony conviction for intoxication manslaughter carries a sentencing range of two to 20 years in prison and a fine of up to $10,000. The actual outcome in any case depends on the charging instrument, the strength of the evidence, the defendant’s prior record, and how the case is resolved.

Texas Penal Code Section 49.09 provides for enhanced penalties in certain circumstances. The charge may be elevated to a first-degree felony when the person who died was a qualifying peace officer, firefighter, or emergency medical services worker, or when more than one death arises from the same criminal transaction under the applicable statute. A first-degree felony carries a sentencing range of five to 99 years or life in prison. Beyond criminal exposure, a conviction may also trigger civil claims, though the nature and outcome of civil proceedings depend on the specific facts of the case.

How We Analyze Evidence in Intoxication Manslaughter Cases

We prepare every case as if it will proceed to trial. That means thoroughly examining the evidence, analyzing every legal issue, and considering the full range of strategic options before committing to a path.

In an intoxication manslaughter case, potential areas of defense review may include:

• The basis for the traffic stop
• Whether probable cause existed for the arrest
• The reliability of field sobriety testing
• The procedures used for blood or breath testing
• Witness accounts of the collision
• Accident reconstruction
• Whether the State can establish the required causal connection between the alleged intoxication and the death

Nicole DeBorde gathers detailed information that can support your defense, examines hostile witnesses to test their credibility, and identifies inconsistencies in testimony that matter at trial. Her prosecution background informs her understanding of how these cases are investigated and how prosecutors evaluate evidence. Her preparation and ability to communicate effectively with judges and juries are central to how she represents clients in serious criminal cases.

We combine direct courtroom advocacy with client-centered support. Facing an intoxication manslaughter charge is a serious and disorienting experience. We work to keep you informed and involved throughout the process without judgment.

What to Do After an Intoxication Manslaughter Arrest

If you have been arrested or are under investigation for intoxication manslaughter, don’t discuss the facts of the incident with police, prosecutors, insurance representatives, or any other investigator before speaking with our defense attorneys. Follow all lawful instructions, preserve any documents or communications that may be relevant, and ask to speak with counsel before answering substantive questions.