Driving under the influence (DUI) of alcohol or drugs is a serious offense in every state, but in Texas, DUI accidents that result in fatalities carry severe legal consequences. Texas law is particularly stringent when it comes to impaired driving, and if an individual causes a fatal accident while under the influence, they will face both criminal and civil liabilities that can significantly impact their life.

Understanding DUI and Fatalities in Texas

A DUI accident involving a fatality occurs when a driver, impaired by alcohol, drugs, or both, causes a crash that leads to someone’s death. In Texas, impaired driving is governed under laws that define intoxication as having a blood alcohol concentration (BAC) of 0.08% or higher, or being under the influence of drugs (whether prescription, over-the-counter, or illegal substances).

When DUI accidents result in fatalities, the legal consequences are significant, and the charges can range from manslaughter to murder, depending on the circumstances of the incident. Texas law treats these accidents with the utmost severity due to the risk posed to human life by impaired drivers. 

If you or someone you know is facing such charges, it is crucial to seek the counsel of a Fort Bend DWI attorney who is skilled in handling DWI- and DUI-related cases. A skilled attorney can help navigate the legal complexities, ensure your rights are protected, and potentially reduce the severity of the charges.

Criminal Charges for DUI Fatalities in Texas

The most common charge for someone involved in a fatal DUI accident in Texas is intoxication manslaughter, a second-degree felony under Texas Penal Code § 49.08. Intoxication manslaughter occurs when a person operates a motor vehicle while intoxicated and causes the death of another person as a direct result of their impaired driving.

Here are some of the key aspects of intoxication manslaughter:

• Penalties: If convicted of intoxication manslaughter, the driver faces up to 20 years in prison, with a minimum of 2 years. In addition, the court may impose a fine of up to $10,000.
  
• Probation: In some cases, depending on the circumstances and prior criminal history, the driver may be eligible for probation instead of serving time in prison. However, probation is less likely in cases where the death was the result of extreme negligence or reckless behavior.
  
• Aggravating Factors: The severity of penalties increases if the driver has a particularly high BAC (usually 0.15% or higher), or if they have prior DUI offenses. Additionally, if the driver was under the influence of illegal drugs or caused the accident in a reckless or dangerous manner (e.g., speeding, running red lights), it could lead to more severe charges or penalties.

Vehicular Manslaughter: In some rare cases, a DUI fatality might also lead to vehicular manslaughter charges. This charge can be applied if the driver’s actions were grossly negligent, but it does not necessarily involve driving under the influence. However, the line between intoxication manslaughter and vehicular manslaughter can be blurred, depending on how the incident is investigated, and the evidence presented in court.

Other Possible Charges and Consequences

If a driver leaves the scene of the accident or is involved in a hit-and-run, they can face additional charges. Leaving the scene of a fatal accident is a third-degree felony in Texas, which carries penalties including a prison sentence of 2 to 10 years and a fine up to $10,000.

For individuals with a history of DUI offenses or prior intoxication-related charges, the penalties for a fatal DUI accident can be more severe. Repeat offenders are subject to harsher punishments, including mandatory prison sentences.

Civil Liability and Financial Consequences

In addition to criminal penalties, the driver involved in a DUI accident that causes death may face civil lawsuits. The family members of the victim may file a wrongful death lawsuit seeking compensation for their emotional distress, medical expenses, funeral costs, and loss of income. In such cases, even if the driver is convicted of DUI-related criminal charges, they can be held financially responsible for the harm caused to the victim’s family.

Insurance Coverage: Drivers involved in DUI accidents that cause fatalities may find that their auto insurance policy does not cover the full extent of the damages, especially if the driver was intoxicated. In some cases, the insurance company may refuse to cover the claim altogether, leaving the driver personally liable for the damages.

Prevention and Awareness

Given the severe consequences of DUI fatalities, Texas law enforcement has put a strong emphasis on DUI prevention, particularly around holidays and weekends, when impaired driving is more prevalent. The Texas Department of Transportation (TxDOT) regularly runs awareness campaigns and sobriety checkpoints to catch impaired drivers before they can cause harm.

Public service campaigns such as “Drive Sober or Get Pulled Over” and promoting the use of designated drivers or ride-share services like Uber and Lyft aim to reduce DUI incidents, including those resulting in fatalities.

What to Do When Facing DUI Accident Fatality Charges

If you are facing DUI accident fatality charges in Texas, it is crucial to take immediate and strategic action. First, hire an experienced Fort Bend criminal defense attorney who is skilled in DUI cases. A lawyer can assess the details of the case, protect your rights, and help navigate the complex legal process. It’s important to avoid speaking to law enforcement or prosecutors without legal counsel, as anything you say could be used against you. 

Additionally, be prepared for a lengthy legal battle, which may involve both criminal and civil cases. Your attorney can help negotiate plea deals, advocate for reduced sentences, and explore any potential defenses. Facing such serious charges can be overwhelming, but the right legal support is essential to securing the best possible outcome.