Legally reviewed by Chris Jeansonne, Criminal Defense Attorney, Dunham & Jones, Attorneys at Law, P.C. · Last reviewed: October 23, 2026
A DWI arrest in Texas can become considerably more serious when another person is seriously injured or killed. Depending on what happened, the driver may face intoxication assault or intoxication manslaughter, both felony offenses that can carry years or even decades in prison.
However, an intoxicated person being involved in a serious accident does not automatically establish either crime.
Texas law requires the State to prove a connection between the person’s intoxication and the serious bodily injury or death. Questions about who actually caused a crash, whether an injury qualifies as “serious bodily injury,” when the person became intoxicated, and what ultimately caused a victim’s death can become critical parts of an intoxication assault or manslaughter case.
These offenses are also not limited to ordinary car accidents. Texas law can apply to intoxicated operation of watercraft, aircraft and even amusement rides. In some circumstances, an unusual vehicle such as a riding lawnmower may also lead to an intoxication assault or manslaughter charge.
Understanding these charges starts with understanding exactly what Texas law requires.
What Is Intoxication Assault in Texas?
Under Texas Penal Code Section 49.07, a person commits intoxication assault when, by accident or mistake, the person operates a motor vehicle in a public place, or operates an aircraft, watercraft or amusement ride, while intoxicated and, by reason of that intoxication, causes serious bodily injury to another person.
The statute can also apply when someone assembles a mobile amusement ride while intoxicated and the assembly causes serious bodily injury.
The words “serious bodily injury” are important. Not every injury resulting from an accident qualifies.
Texas defines serious bodily injury for purposes of intoxication assault as an injury that creates a substantial risk of death, causes serious permanent disfigurement, or causes protracted loss or impairment of the function of a bodily member or organ.
Whether an injury meets that definition can depend on the specific medical evidence. The fact that someone went to a hospital does not by itself answer the question, just as a particular type of injury should not automatically be assumed to qualify without considering its severity and effects.
Intoxication assault is ordinarily a third-degree felony in Texas, punishable by two to 10 years in prison and a fine of up to $10,000. The offense becomes a second-degree felony if the victim is a firefighter or emergency medical services worker who was seriously injured while performing an official duty, or if the victim suffers a traumatic brain injury resulting in a persistent vegetative state. A second-degree felony carries two to 20 years in prison and a fine of up to $10,000.
Intoxication assault becomes a first-degree felony if the person seriously injured is a peace officer or judge who was performing an official duty at the time. A first-degree felony carries five to 99 years or life in prison and a fine of up to $10,000.
What Is Intoxication Manslaughter in Texas?
Texas Penal Code Section 49.08 applies when a person operates a motor vehicle in a public place, operates an aircraft, watercraft or amusement ride, or assembles a mobile amusement ride, while intoxicated and, by reason of that intoxication, causes another person’s death by accident or mistake.
Intoxication manslaughter is ordinarily a second-degree felony. A second-degree felony carries a potential sentence of two to 20 years in prison and a fine of up to $10,000.
Under Penal Code Section 49.09, intoxication manslaughter becomes a first-degree felony if the person killed was a peace officer, judge, firefighter or emergency medical services worker performing an official duty.
Effective September 1, 2025, Texas law provides a first-degree felony enhancement when a person causes the death of more than one person during the same criminal transaction. First-degree felonies carry a potential sentence of five to 99 years or life in prison and a fine of up to $10,000.
Also effective September 1, 2025, a law known as Grayson’s Law (House Bill 2017) amended Penal Code Section 49.09(b-2) to make intoxication manslaughter a first-degree felony when the person has a prior conviction for an intoxicated-operation offense, such as DWI, and was in violation of Penal Code Chapter 51, which covers illegal entry into Texas, at the time of the offense.
Other statutory enhancements may apply depending on the victim and circumstances of the offense.
| Offense and Circumstances | Offense Level | Potential Penalty |
|---|---|---|
| Intoxication assault (ordinary) | Third-degree felony | 2 to 10 years in prison and a fine of up to $10,000 |
| Intoxication assault of an on-duty firefighter or EMS worker, or causing a traumatic brain injury that results in a persistent vegetative state | Second-degree felony | 2 to 20 years in prison and a fine of up to $10,000 |
| Intoxication assault of an on-duty peace officer or judge | First-degree felony | 5 to 99 years or life in prison and a fine of up to $10,000 |
| Intoxication manslaughter (ordinary) | Second-degree felony | 2 to 20 years in prison and a fine of up to $10,000 |
| Intoxication manslaughter of an on-duty peace officer, judge, firefighter or EMS worker, or causing more than one death in the same criminal transaction | First-degree felony | 5 to 99 years or life in prison and a fine of up to $10,000 |
| Intoxication manslaughter by a person with a prior intoxicated-operation conviction who was in violation of Penal Code Chapter 51 (illegal entry into Texas) at the time of the offense | First-degree felony | 5 to 99 years or life in prison and a fine of up to $10,000 |
Facing an intoxication assault or intoxication manslaughter charge in Texas? Call Dunham & Jones 24/7 at 800-499-8455 for a free consultation.
What Is the Difference Between Intoxication Assault and Intoxication Manslaughter?
The simplest distinction is the result.
Intoxication assault involves serious bodily injury.
Intoxication manslaughter involves death.
Both offenses require much more than showing that the defendant had been drinking and that someone was injured or killed.
The State must prove the elements of the particular offense, including the required causal relationship between the intoxication and the injury or death.
Does Intoxication Assault Mean Assaulting Someone While Drunk?
No.
Despite its name, intoxication assault is not a general offense covering every assault committed by someone who happens to be intoxicated.
If an intoxicated person gets into an argument and intentionally punches someone, pushes someone down a flight of stairs or otherwise injures another person, prosecutors may consider assault, aggravated assault or another applicable offense. The fact that the person was intoxicated does not automatically make the conduct “intoxication assault.”
Sections 49.07 and 49.08 are specifically tied to operating a motor vehicle in a public place, operating an aircraft, watercraft or amusement ride, or assembling a mobile amusement ride.
That distinction also helps explain why these offenses do not require the State to prove that someone intended to injure or kill another person. Section 49.11 expressly provides that proof of a culpable mental state generally is not required for these offenses. Intoxication assault and intoxication manslaughter are designed to address serious injuries and deaths caused by accident or mistake as a result of intoxication.
Does the State Have to Prove Intoxication Caused the Accident?
Causation can be one of the most important issues in an intoxication assault or intoxication manslaughter case.
Being intoxicated does not necessarily mean that every collision involving that person was caused by the intoxication.
Consider a driver whose blood alcohol concentration is above the legal limit but who enters an intersection with a green light. Another driver runs a red light and crashes into that vehicle, suffering catastrophic injuries.
The presence of alcohol does not automatically answer who caused the collision.
Texas law requires that the serious bodily injury or death occur by reason of the defendant’s intoxication.
That means an investigation may need to look beyond a BAC result and examine how the accident actually happened.
Crash reconstruction, witness statements, surveillance footage, dashcam video, vehicle event data recorders, traffic signals, roadway evidence, braking and steering information, speed, visibility, road conditions, phone records when relevant, and the conduct of other drivers or pedestrians may all become important.
An experienced criminal defense attorney may also work with independent accident reconstructionists, toxicologists, medical experts or other specialists when the evidence warrants it.
Texas law also recognizes concurrent causation. Under Penal Code Section 6.04, a person can remain criminally responsible when the person’s conduct operates together with another cause. However, criminal responsibility does not attach under that rule when the other cause was clearly sufficient to produce the result and the defendant’s conduct was clearly insufficient.
That means showing that another driver contributed to a collision does not automatically defeat an intoxication assault or manslaughter charge. The specific causal relationship between the defendant’s intoxicated conduct, the other contributing cause and the resulting injury or death must be examined.
What If You Were Intoxicated but Someone Else Caused the Crash?
The fact that someone was intoxicated can provide evidence of one element of the offense. It does not relieve prosecutors of proving causation.
If another driver ran a stop sign, a vehicle unexpectedly crossed into the defendant’s lane, a pedestrian entered the roadway, a mechanical failure occurred, or another event contributed to the collision, those facts may be important to determining criminal responsibility.
Texas law recognizes that more than one cause can contribute to an outcome, so the existence of another contributing factor does not automatically end the case either. The particular facts and the causal connection between the alleged intoxication and the injury or death matter.
This is one reason intoxication assault and manslaughter cases can require considerably more investigation than simply looking at a police report and a blood-test result.
Does Intoxication Require a BAC of .08 or Higher?
No.
Texas Penal Code Section 49.01 provides two ways a person can meet the definition of intoxicated.
A person is intoxicated if the person does not have the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug, a combination of substances or another substance introduced into the body.
A person is also intoxicated with an alcohol concentration of .08 or higher.
That means intoxication assault and intoxication manslaughter are not limited to alcohol cases. Prescription medication, illegal drugs, marijuana and other cannabis products, or combinations of drugs and alcohol can potentially be involved.
Having a prescription for a medication does not by itself create a defense to a Chapter 49 intoxication offense.
Does a Later Blood Test Prove Someone Was Intoxicated When the Accident Happened?
Not necessarily.
The relevant question is whether the person was intoxicated while engaging in the conduct covered by the statute.
Blood or breath testing can provide important evidence, but the timing of the test can matter. Depending on the circumstances, investigators and experts may consider when alcohol was consumed, when the person last ate, the time between the alleged offense and the blood draw, laboratory procedures, chain of custody and other evidence of impairment.
A test taken later does not automatically tell the entire story of what was happening at the time of the accident.
Intoxication Assault and Manslaughter Do Not Only Involve Cars
Cars and trucks are probably what most people picture when they hear “intoxication manslaughter,” but Texas law is considerably broader.
The statutes expressly cover aircraft, watercraft and amusement rides.
Texas separately makes it illegal to operate an amusement ride or assemble a mobile amusement ride while intoxicated even if nobody is injured. If an intoxicated amusement-ride operator causes serious bodily injury because of that intoxication, the case could potentially become intoxication assault. If the conduct causes a rider’s death, intoxication manslaughter may be possible.
Texas law also specifically addresses assembling a mobile amusement ride while intoxicated when the assembly itself later causes serious injury or death.
An unusual motor vehicle can potentially qualify as well.
For example, a riding lawnmower may fall within Texas’s broad definition of a motor vehicle. If an intoxicated person operates a qualifying riding mower in a public place and, because of that intoxication, causes serious bodily injury or death, the fact that the vehicle was a lawnmower rather than a pickup truck does not necessarily prevent an intoxication assault or manslaughter charge.
Can You Get Intoxication Assault or Manslaughter for Driving on Private Property?
For the motor vehicle portion of Sections 49.07 and 49.08, location matters.
The statutes specifically require operation of a motor vehicle in a public place.
Texas defines a public place as a place to which the public or a substantial group of the public has access. The definition includes streets and highways as well as common areas of places such as schools, hospitals, apartment buildings, office buildings, transportation facilities and shops.
That means “private property” and “not a public place” are not necessarily the same thing.
A privately owned parking lot that is open to customers, for example, may still qualify as a public place. On the other hand, operating a motor vehicle entirely on genuinely private property that is not accessible to the public can create a very different analysis.
This is also why a person can potentially face DWI-related charges while operating something as unusual as a riding lawnmower in a public place, while the analysis may be different if the same conduct occurs entirely within a private area inaccessible to the public.
If serious injury or death occurs outside the reach of Section 49.07 or 49.08, that does not mean no criminal offense is possible. Depending on the facts, prosecutors may consider other Texas assault or homicide statutes.
What If the Victim Does Not Die Immediately?
A victim does not necessarily have to die at the scene of an accident for intoxication manslaughter to become an issue.
Suppose an intoxicated driver allegedly causes a catastrophic collision. The victim suffers severe injuries, remains hospitalized or in a coma for months, and later dies.
The passage of time alone does not necessarily break the causal connection between the collision and the death.
The central question is what caused the eventual death.
If medical evidence establishes that the injuries sustained in the collision ultimately caused the victim’s death, intoxication manslaughter may potentially apply even though the victim initially survived.
Other situations can present much more complicated questions. A victim might survive the initial injuries but later suffer an infection, surgical complication or another medical event. Alternatively, someone might recover from the collision and later die from a completely unrelated condition.
These cases can require medical records, expert testimony and careful analysis of causation.
There is no simple rule that a victim must die within a certain number of hours or days for the death to matter. The relationship between the original conduct, the injuries and the eventual death is what becomes important.
Why Is Intoxication Manslaughter Different From Murder?
Intoxication manslaughter and murder can both involve one person causing the death of another, but they are fundamentally different offenses.
Intoxication manslaughter under Section 49.08 addresses a death caused by accident or mistake as a result of intoxication.
A person does not get to intentionally kill someone and automatically receive the lower intoxication manslaughter charge simply because the person was drunk at the time.
For example, if an intoxicated driver loses control of a vehicle because of impairment and accidentally causes a fatal collision, intoxication manslaughter may apply.
If a person deliberately uses a vehicle to run someone down with the intent to kill that person, the fact that the driver was intoxicated does not prevent prosecutors from pursuing murder when the evidence supports its elements. Voluntary intoxication does not transform an intentional killing into an accidental one.
Ordinary intoxication manslaughter is a second-degree felony carrying two to 20 years in prison. Murder is generally a first-degree felony carrying five to 99 years or life.
The difference illustrates an important principle in criminal law: the outcome alone does not determine the charge. How the death occurred and the elements the State can prove matter.
What Happens If More Than One Person Is Hurt or Killed?
A single incident can involve multiple victims and potentially multiple criminal counts.
For example, one collision might kill one passenger while causing serious bodily injuries to two others. Prosecutors may potentially pursue intoxication manslaughter involving the person who died and intoxication assault charges involving the seriously injured victims.
Texas also increased the potential punishment for certain multiple-death intoxication manslaughter cases beginning September 1, 2025. When the defendant causes the death of more than one person during the same criminal transaction, the offense can be punished as a first-degree felony.
That raises the possible punishment to five to 99 years or life in prison.
What If a Pregnant Person and an Unborn Child Are Killed?
Texas criminal law contains an unusual but important rule involving unborn victims.
For purposes of the Texas Penal Code, the definition of an “individual” includes an unborn child at every stage of gestation from fertilization until birth.
As a result, when an intoxicated driver causes a collision that kills both a pregnant person and the unborn child, the law can potentially recognize two deceased victims.
That can have particularly significant consequences under the current multiple-death enhancement for intoxication manslaughter.
Texas law also contains an express exception for the pregnant mother’s own conduct. Under Section 49.12, Sections 49.07 and 49.08 do not apply to injury to or death of an unborn child when the charged conduct was committed by the mother of that unborn child.
The application of these rules can depend heavily on the particular facts, but an unborn child’s death should not automatically be overlooked when evaluating the potential charges arising from an intoxication-related collision.
What Evidence May Be Important in an Intoxication Assault or Manslaughter Case?
These cases can involve two complicated investigations happening simultaneously.
One concerns intoxication. The other concerns causation.
Law enforcement may rely on blood or breath testing, body-camera footage, field sobriety testing, witness observations, admissions, receipts, surveillance footage and evidence concerning alcohol or drug consumption.
The accident itself may require an entirely different body of evidence, including photographs, measurements, crash reconstruction, vehicle event data, roadway evidence, medical records, witness statements and video.
When serious bodily injury is alleged, medical evidence may also determine whether the injury actually meets the statutory definition. When a victim dies sometime after the incident, medical evidence can become essential to determining whether the original injuries caused the death.
Preserving this evidence quickly can matter. Video can be overwritten, vehicles can be repaired or destroyed, physical evidence can disappear, witnesses’ memories can fade and electronic data may not remain available indefinitely.
Can an Intoxication Assault or Manslaughter Charge Be Reduced or Dismissed?
Potentially.
An arrest or criminal charge is not a conviction, and the State must prove every required element beyond a reasonable doubt.
Depending on the facts, an experienced defense attorney may examine whether the defendant was actually intoxicated, whether chemical testing was lawfully obtained and reliable, whether the alleged serious bodily injury satisfies the statutory definition, whether the defendant actually caused the collision, whether the injury or death occurred by reason of the intoxication, or whether another person or event caused or contributed to the outcome.
Weaknesses in one or more of those areas may affect how a case is charged, negotiated or tried. In some cases, an attorney may be able to obtain reduced charges or dismissal. No particular outcome can be guaranteed.
What Should You Look for in an Intoxication Assault or Manslaughter Attorney?
Intoxication assault and intoxication manslaughter cases can require substantially more resources than an ordinary DWI case.
A defense may involve accident reconstruction, toxicology, medical evidence, vehicle data, forensic testing, expert witnesses and extensive investigation in addition to the legal issues surrounding the arrest and chemical testing.
When evaluating an attorney or criminal defense firm, ask about experience handling serious felony intoxication cases, the firm’s ability to investigate the underlying collision, access to appropriate experts, trial experience and the resources available to prepare a complex case.
It can also help to ask whether the firm has multiple attorneys, investigators and support staff who can examine different aspects of the case rather than relying only on the police investigation.
What Could an Intoxication Assault or Manslaughter Case Cost?
There is no single fee that applies to every intoxication assault or manslaughter case.
The cost of a defense can depend on the complexity of the accident, number of alleged victims, amount of evidence, need for expert witnesses, medical issues, accident reconstruction, motions, negotiations and whether the case proceeds to trial.
Because the potential consequences include a felony conviction and substantial prison exposure, these are cases in which a thorough investigation can be particularly important.
Talk to an Experienced Texas Criminal Defense Attorney
An intoxication assault or intoxication manslaughter accusation can expose someone to years in prison, substantial financial consequences and a permanent felony record.
But the seriousness of the allegation does not change the State’s burden of proof.
Evidence of intoxication does not automatically prove causation. A serious injury does not automatically satisfy every element of intoxication assault. A death following an accident does not eliminate questions about how the collision occurred or what ultimately caused the death.
Dunham & Jones has defended people accused of DWI and serious criminal offenses throughout Texas. If you have been arrested or are under investigation for intoxication assault or intoxication manslaughter, speaking with an experienced Texas criminal defense attorney as early as possible can help preserve evidence and identify issues that may affect the case.
An attorney may be able to challenge the State’s evidence, negotiate for reduced charges or seek dismissal when the evidence does not support the allegations.
Call Dunham & Jones 24/7 at 800-499-8455 for a free consultation.
Frequently Asked Questions
Is intoxication assault a felony in Texas?
How much prison time can you get for intoxication manslaughter in Texas?
Can you be charged with intoxication manslaughter if the victim dies later?
Can you be charged with intoxication assault if someone else caused the accident?
Can you be required to pay child support after an intoxication manslaughter conviction?
Can prescription drugs cause an intoxication assault or manslaughter charge?
Can someone intentionally kill a person while drunk and claim intoxication manslaughter instead of murder?
Does intoxication manslaughter always involve a car?
This article provides general information and is not legal advice. Every case depends on its particular facts, charges, criminal history, court orders, and applicable law.
