Bastrop County Intoxication Assault & Manslaughter Lawyer

A crash involving an intoxicated driver that leaves someone seriously hurt or dead sets off a chain of events that moves with remarkable speed. Law enforcement begins building a case at the scene. Blood draws are ordered. Witnesses are interviewed. Accident reconstruction teams are called in. By the time most people realize they need a lawyer, the prosecution already has a significant head start. Bastrop County intoxication assault and manslaughter lawyer David C. Hardaway represents people facing these charges across Bastrop County and the broader Central Texas region, bringing the kind of disciplined, detail-driven preparation that these cases genuinely require.

Intoxication assault and intoxication manslaughter are not DWI charges with enhanced labels. They are distinct felony offenses under Texas law, and they carry consequences that extend far beyond a standard drunk driving case. A conviction for intoxication assault can mean years in state prison, mandatory time before parole eligibility, and a felony record that follows someone into every job application, housing search, and professional licensing process for the rest of their life. Intoxication manslaughter carries even steeper penalties, and Bastrop County prosecutors treat these cases with the full weight of the criminal justice system behind them.

The highway corridors that run through Bastrop County, including Highway 71 east toward Austin-Bergstrom International Airport, State Highway 21, and the stretch of Highway 95 that connects Elgin to Bastrop, all see significant traffic and are common locations where accidents resulting in these charges occur. Rural roads around Smithville, Cedar Creek, and McDade can be just as dangerous, particularly after local events. If you are dealing with an intoxication assault or intoxication manslaughter charge anywhere in Bastrop County, the decisions you make in the first days after arrest matter enormously.

What Intoxication Assault and Intoxication Manslaughter Actually Mean Under Texas Law

Texas law defines intoxication assault as causing serious bodily injury to another person by accident or mistake while operating a motor vehicle, aircraft, watercraft, or amusement ride in a public place while intoxicated. The key phrase is “serious bodily injury,” which means injury that creates a substantial risk of death, causes permanent disfigurement, or results in the loss or impairment of any bodily organ or member. A broken bone alone may not qualify; a traumatic brain injury, a severed limb, or a spinal injury that causes paralysis almost certainly does. The prosecution will rely heavily on medical records and expert testimony to establish that the victim’s injuries meet this threshold.

Intoxication manslaughter applies when an intoxicated driver causes the death of another person under the same circumstances. Texas treats this as a second-degree felony in most situations, though certain aggravating factors can elevate the charge further. When the person killed is a first responder or a peace officer who was on duty at the time, the offense becomes a first-degree felony with dramatically higher penalties. If multiple people are killed in a single crash, prosecutors may file separate counts for each death, which compounds the potential sentence exposure significantly.

Intoxication in Texas does not require a blood alcohol concentration at or above the legal limit. The state can prove intoxication by showing that the defendant lost the normal use of mental or physical faculties due to alcohol, a controlled substance, a drug, a dangerous drug, a combination of those substances, or any other substance. That means cases where the defendant had a BAC below 0.08 can still result in prosecution if other evidence supports impairment, and cases involving prescription medications or marijuana are treated the same as alcohol cases under this statute.

The Evidence That Shapes These Cases in Bastrop County

• Blood alcohol and toxicology evidence: Texas implied consent law applies to intoxication assault and manslaughter arrests, and law enforcement officers are authorized to compel blood draws when certain conditions are met. The chain of custody, testing methodology, and laboratory handling of that blood sample are all subject to challenge, and errors in any part of that process can affect admissibility.
• Accident reconstruction reports: Law enforcement and prosecution-retained experts often produce detailed reconstructions of the crash using physical evidence, vehicle data, and witness accounts. These reports are not always accurate, and an independent reconstruction by a qualified defense expert can reveal flaws in the government’s theory about speed, point of impact, or causation.
• Electronic data from vehicles: Modern vehicles store event data recorder information that captures speed, braking, throttle input, and seatbelt status in the seconds before a crash. That data can be retrieved and becomes part of the prosecution’s case, but it can also be interpreted in ways that support the defense.
• Dashboard and body camera footage: Bastrop County Sheriff’s Office deputies and other responding officers often capture the scene, field sobriety testing, and statements made at or near the crash on camera. These recordings sometimes contradict the written police report or reveal procedural problems with how evidence was gathered.
• Witness testimony and 911 calls: Bystander accounts and emergency call recordings can establish what happened before law enforcement arrived. These sources sometimes introduce alternative explanations for the crash or reveal inconsistencies in the narrative the prosecution is building.
• Medical records and causation: In intoxication assault cases, the prosecution must prove that the defendant’s intoxication caused the victim’s serious bodily injury, not merely that both the intoxication and the injury existed. Cases where the victim had pre-existing conditions or where the crash had multiple contributing factors can give rise to genuine disputes about causation.
• Field sobriety testing: Standardized field sobriety tests are designed for controlled conditions, and Texas roads at night, shoulder conditions on Highway 71, and other environmental factors can affect performance in ways that have nothing to do with impairment. How the tests were administered and scored matters significantly.

Why The Law Offices of David C. Hardaway Handles These Cases Differently

Intoxication assault and manslaughter cases demand more than courtroom presence. They require early, thorough investigation before evidence disappears, before witnesses forget details, and before the prosecution’s theory of the case becomes entrenched. At The Law Offices of David C. Hardaway, every case receives a rigorous investigation, strategic motion practice, and disciplined preparation regardless of how straightforward it might initially appear. That approach is not just a description of what the firm does on paper; it is a documented pattern reflected in how clients describe working with the firm. Reviews from actual clients describe attention to detail that is “unsurpassed,” cases being thoroughly investigated rather than settled for convenience, and communication that kept clients informed at every stage.

David Hardaway’s practice spans the full Central Texas region, with deep familiarity with the courts, prosecutors, and procedures in Bastrop County and surrounding jurisdictions. That local knowledge extends to the Bastrop County District Courts where felony intoxication cases are handled, and it includes an understanding of how these cases move from arrest through grand jury, arraignment, pre-trial motions, and trial. Clients facing intoxication assault or intoxication manslaughter charges are not dealing with a straightforward legal process. The timeline is long, the procedural opportunities are numerous, and having a defense attorney who understands how to use each stage of the process strategically makes a genuine difference. Client reviews highlight that David Hardaway speaks directly, returns calls, and stays accessible throughout the case, not just at key hearings.

What to Do If You Have Been Arrested on One of These Charges in Bastrop County

The most important thing to do immediately after an intoxication assault or manslaughter arrest is to stop making statements to anyone except your attorney. Officers may follow up with you at the hospital, at the jail, or even days later. Anything said during those conversations becomes part of the case. This applies even to statements that seem explanatory or sympathetic. Invoke your right to counsel clearly and consistently, and then do not say anything further until you have spoken with an intoxication assault attorney in Bastrop County.

The Bastrop County Jail is located in Bastrop, and after booking, you or your family will need to address bond conditions quickly. In felony intoxication cases, judges routinely impose conditions that restrict alcohol consumption, require ignition interlock devices, and limit travel. Violating those conditions while the case is pending creates serious complications. Understanding what conditions have been set and making sure you comply with every one of them from the start is essential.

Felony charges in Bastrop County are prosecuted in the district courts located in the Bastrop County Courthouse on Chestnut Street in Bastrop. The case typically begins with a grand jury presentation where the prosecution asks grand jurors to return an indictment. Although grand jury proceedings are not public, there are sometimes opportunities to present information that may affect how the grand jury views the case. This is one of many early-stage procedural moments where having legal representation already in place matters.

Gather everything you can about what happened before an attorney tells you what is relevant. Text messages from around the time of the incident, receipts from establishments where you were that evening, names and contact information for any witnesses who saw the accident or your condition beforehand, and any documentation related to prescription medications you were taking are all potentially significant. Do not speak to the victim or the victim’s family directly. Do not post anything on social media about the accident, your arrest, or the case. Courts and prosecutors do monitor social media, and statements made online can be introduced as evidence.

Texas also imposes license suspension consequences separate from the criminal case itself. A statutory warning about license suspension is typically served at the time of arrest, and there is a limited window to request an administrative hearing to contest that suspension. Missing that deadline results in an automatic suspension. An attorney can request that hearing and preserve your ability to drive while the criminal case proceeds.

Questions People Ask About Intoxication Assault and Manslaughter Charges in Bastrop County

What is the difference between intoxication assault and intoxication manslaughter?

Intoxication assault involves causing serious bodily injury to another person while driving or operating a vehicle while intoxicated. Intoxication manslaughter involves causing death under the same circumstances. The distinction matters enormously for sentencing purposes. Intoxication assault is typically charged as a third-degree felony, while intoxication manslaughter is typically a second-degree felony, though certain circumstances can raise either charge to a higher degree.

Can someone be charged with intoxication assault if the other driver was also at fault?

Yes. Texas does not require that the defendant be the sole cause of the accident. If the prosecution can show that intoxication was a contributing cause of the crash and that the crash caused serious bodily injury, the charge can proceed even if the other driver made errors that also contributed. The comparative fault concept familiar from civil cases does not operate the same way in a criminal prosecution, and this distinction is one reason why these cases require careful defense analysis of every aspect of causation.

What penalties does someone convicted of intoxication manslaughter face in Texas?

A second-degree felony conviction in Texas carries a range of two to twenty years in state prison and a fine of up to ten thousand dollars. Texas law also requires that a person convicted of intoxication manslaughter serve a mandatory portion of their sentence before becoming eligible for parole, regardless of good behavior. If the charge is elevated to a first-degree felony because the victim was a first responder, the sentencing range increases to five to ninety-nine years or life in prison.

What happens if I refused the blood draw at the scene?

Texas law allows law enforcement officers to seek a warrant for a blood draw in certain intoxication cases, including those involving serious bodily injury or death. If a warrant was obtained and a draw was conducted over your objection, the constitutionality of that warrant and whether it was properly executed can be challenged. If you refused and no draw was conducted, the prosecution may still pursue the case using other evidence of intoxication, and your refusal itself can be introduced as evidence at trial.

How long does an intoxication manslaughter case typically take to resolve in Bastrop County?

Felony cases in Bastrop County, particularly serious ones involving accident reconstruction, toxicology analysis, and medical evidence, often take a year or longer from arrest to resolution. Grand jury proceedings, pre-trial motions challenging evidence, expert witness disclosure, and scheduling through the district courts all contribute to the timeline. Cases that proceed to trial take longer. Understanding this timeline from the beginning helps defendants plan for the personal, professional, and financial disruptions that come with a pending felony case.

Can intoxication assault or manslaughter charges be reduced to a lesser offense?

Charge reductions are possible in some cases depending on the specific facts, the strength of the prosecution’s evidence, the extent of the victim’s injuries, and the negotiating dynamics in a particular case. However, prosecutors in Bastrop County treat these cases seriously, and reductions are not guaranteed. The strongest path to a favorable negotiated outcome is typically a defense built on genuine evidentiary challenges that give the prosecution reason to reconsider its position, not simply a request for leniency.

Does a felony intoxication conviction affect professional licenses in Texas?

Yes, significantly. Texas licensing boards for medical professionals, nurses, teachers, attorneys, real estate agents, and many other regulated professions have the authority to deny, suspend, or revoke licenses based on felony convictions. The impact varies by profession and by the specific facts of the conviction, but anyone holding or pursuing a professional license should understand that the consequences of a conviction extend well beyond the criminal sentence itself.

What if the person seriously injured in the accident was a passenger in my own vehicle?

Texas intoxication assault law does not limit liability to people outside the defendant’s vehicle. A passenger, including a family member or friend who was riding with you, can be the victim named in the charge. These cases can be particularly difficult emotionally, and they also sometimes affect whether victims are willing to cooperate with the prosecution. However, cooperation or non-cooperation by the named victim does not always determine whether the case proceeds.

Can prior DWI convictions affect how an intoxication assault charge is prosecuted?

A prior criminal history, including prior DWI convictions, can affect plea negotiations, sentencing exposure, and how prosecutors approach the case. Texas also has provisions that elevate certain intoxication offenses based on prior convictions. The specific impact depends on how many prior offenses exist, how recent they are, and whether they involved the same type of conduct. This is one reason why reviewing the full history of a case from the start matters.

Is it possible to defend an intoxication manslaughter charge even when someone died?

Yes. The fact that a death occurred does not by itself establish either intoxication or causation. Defense strategies can focus on whether the defendant was legally intoxicated at the time of the crash, whether the intoxication caused the accident rather than the accident having other causes, whether proper procedures were followed in gathering and handling evidence, and whether the evidence offered by the prosecution can survive challenge. These cases are difficult, but they are defensible, and the quality of the defense investigation and legal preparation has a real impact on outcomes.

Intoxication Assault and Manslaughter Defense Across Bastrop County and Central Texas

The Law Offices of David C. Hardaway represents clients facing intoxication assault and intoxication manslaughter charges throughout Bastrop County, including in the cities of Bastrop, Elgin, Smithville, and Cedar Creek, as well as in the smaller communities of McDade, Red Rock, Paige, Rosanky, Garfield, and Lost Pines. Our representation extends beyond Bastrop County into the full Central Texas region. We regularly handle cases in Hays County courts in San Marcos and Kyle, in Caldwell County in Lockhart, in Guadalupe County in Seguin and Schertz, and in Williamson County in Round Rock and Georgetown. Clients in Bexar County near San Antonio, in Comal County in New Braunfels, and in Travis County in Austin also come to our firm for felony intoxication defense. Our Hill Country offices in Fredericksburg serve clients in Gillespie, Kerr, and Llano Counties, and our Brenham office handles cases in Washington County and the surrounding region. Whatever courthouse is handling your case in Central Texas, we have the familiarity with local courts and procedures to represent you effectively.

Talk to a Bastrop County Intoxication Assault Attorney Before This Gets Any Further Along

Felony intoxication charges do not slow down while you are figuring out what to do. Evidence is being preserved and analyzed. Grand jury presentations are being prepared. The gap between an early, thorough defense and one that starts late is real and consequential. A Bastrop County intoxication assault attorney at The Law Offices of David C. Hardaway can review what has happened, explain exactly where things stand, and begin working on the defense without delay. The consultation is confidential, the communication is direct, and the representation is built around your actual case rather than a generic approach. Contact our office to schedule your confidential consultation today.