Njeri London
Co-Founding Partner
- Texas Bar No.: 24043266
- Licensed since: 2006
- Law school: Thurgood Marshall School of Law
- Memberships: State Bar of Texas, TCDLA
Charge We Defend
Texas Intoxication Manslaughter Defense
Free, confidential consultation 24/7 across the DFW Metroplex. Call (214) 466-1398.
Quick Answer
Texas intoxication manslaughter defense under Penal Code §49.08. Second-degree felony exposure, BAC challenges, deadly weapon findings. Free 24/7 consultation. Call (214) 466-1398.
What Is Intoxication Manslaughter?
Under Texas Penal Code §49.08, a person commits intoxication manslaughter when they operate a motor vehicle, watercraft, or aircraft while intoxicated and, by reason of that intoxication, cause the death of another by accident or mistake. It is a second-degree felony — 2 to 20 years TDCJ and a fine up to $10,000.
This charge frequently accompanies a parallel DWI prosecution. See our DWI Defense practice area for related procedure on Intoxilyzer 9000 challenges, blood-draw chain of custody, ALR hearings, and Texas DWI lab-evidence audit.
Penalties Under Texas Law
Intoxication Manslaughter is prosecuted under §49.08. The classification, punishment range, and parole eligibility are summarized in the FAQ below. A deadly weapon finding under Code of Criminal Procedure Article 42A.054 — applicable in many homicide cases — requires service of at least half the imposed sentence before parole eligibility under Government Code §508.145.
How We Defend Texas Intoxication Manslaughter Defense
Every defense begins with the offense report and indictment, but the work that produces results is independent — our own investigation, our own forensic experts, our own witness interviews. We do not rely on the State's narrative. We test it.
For texas intoxication manslaughter defense cases specifically, the elements that drive outcomes include the State's mens-rea proof, chain of custody on physical and forensic evidence, witness identification reliability, constitutional compliance with the stop and arrest, and any expert methodology behind toxicology, accident reconstruction, or pathology testimony.
Our Five-Step Defense Process
- 01
Free Consultation + Triage
You call. We identify the most urgent deadlines first (bond hearing, license report, employer notice), determine the exact charge, and lock in the next steps.
- 02
Discovery + Evidence Audit
We obtain the offense report, body and dash cam, autopsy and toxicology, accident reconstruction, witness statements, and 911 transcripts. We audit every link in the State's evidence chain.
- 03
Expert Retention + Investigation
For homicide and vehicular cases, we retain accident reconstructionists, toxicologists, ballistics experts, and forensic pathologists where the facts warrant. Independent investigation often produces evidence the State did not develop.
- 04
Negotiation + Lesser-Included Strategy
We negotiate from strength — using forensic gaps, mens-rea ambiguities, and constitutional issues. Reductions to lesser-included offenses (manslaughter from murder; criminally negligent homicide from manslaughter) and probation eligibility are explored where supported.
- 05
Trial-Ready + Sentencing Mitigation
If trial is the right call, we are ready. Voir dire, expert cross-examination, jury-charge negotiation. At sentencing, we present mitigation — character witnesses, mental-health evaluations, employment history — to seek the lowest possible punishment.
Texas Criminal Defense Counsel
Reggie London
Co-Founding Partner
- Texas Bar No.: 24043514
- Licensed since: 2005
- Law school: Thurgood Marshall School of Law
- Former: Dallas County District Attorney’s Office
Recent Client Reviews & Case Results
★★★★★ Average rating 4.8 / 5 · Read all reviews on Google
“Reggie was direct from the first call. He told us what was realistic and what was not. The case ended with a dismissal we did not think was possible.”
— Verified Google Review
“Njeri walked us through every step. She answered our calls at night and never once made us feel like another file number.”
— Verified Google Review
“The team prepared the case as if it was going to trial. The DA reduced the charge significantly because they could see we were ready.”
— Verified Google Review
Past results do not guarantee future outcomes. Each case is evaluated on its own facts.
Educational Resource
Background Reading on Texas Intoxication Manslaughter Defense
Frequently Asked Questions
Under §49.08, a person commits intoxication manslaughter if they operate a motor vehicle, watercraft, or aircraft while intoxicated and by reason of that intoxication cause the death of another by accident or mistake. It is a second-degree felony — 2 to 20 years in TDCJ and up to a $10,000 fine.
Under §49.01(2), intoxication means either (a) not having the normal use of mental or physical faculties by reason of introduction of alcohol, controlled substances, drugs, dangerous drugs, or any combination, OR (b) having a blood alcohol concentration of 0.08 or more.
Yes. The vehicle is treated as a deadly weapon under §1.07(17). The finding requires the defendant to serve at least half the sentence before parole eligibility under Government Code §508.145.
Yes, but with restrictions. Article 42A.056 of the Code of Criminal Procedure specifically allows probation for intoxication manslaughter, subject to conditions. The judge cannot grant deferred adjudication. Probation typically includes 120-360 days county jail, ignition interlock, victim impact panel, and substantial community service.
Lack of intoxication (BAC challenges, retrograde extrapolation flaws, absorption-phase argument), causation challenges (death not 'by reason of' the intoxication), accident defense, third-party fault, expert toxicologist testimony, blood-draw chain of custody, and constitutional challenges to the stop and arrest.
Yes — intoxication manslaughter shares fact patterns and defense techniques with DWI cases. See our DWI Defense practice area page for details on Intoxilyzer 9000 challenges, blood-draw warrants, ALR hearings, and Texas DWI procedure.
Yes. Under §3.03(b), if multiple deaths arose from the same DWI event, sentences can run consecutively. Multiple-victim cases produce stacking exposure that can rapidly approach life imprisonment.
Yes. It typically qualifies as a crime of violence and aggravated felony under 8 U.S.C. §1101(a)(43)(F), triggering mandatory deportation, permanent bar to relief, and ineligibility for naturalization. Defense must address immigration consequences from intake.
Almost always. The State retains an accident reconstructionist to model speed, point of impact, and causation. Defense must retain its own reconstructionist early. Expert qualifications, methodology (CDR data interpretation, momentum analysis), and assumptions are all subject to challenge.
Texas Intoxication Manslaughter Defense — Intake Form & Quick Reference
Confidential PDFs you can fill out at home and bring or email to us. No form submission required — everything is reviewed by a licensed attorney.
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Texas Intoxication Manslaughter Defense Intake Form
PDF intake form — case background, prior history, witnesses, evidence preservation. Save and email back.
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What to Do If You Are Charged or Under Investigation
One-page quick reference. Print, save to your phone, or share with family. Critical first 24-hour steps.
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This website is for general information purposes only and constitutes attorney advertising under the Texas Disciplinary Rules of Professional Conduct. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Past results do not guarantee a similar outcome. Each case is unique and depends on its facts and circumstances. L and L Law Group, PLLC is licensed in Texas; we do not represent clients in jurisdictions where we are not licensed.