San Marcos Intoxication Assault & Manslaughter Lawyer
In Texas, DWI charges become significantly more serious when someone else is hurt or killed. The state and county prosecutors take these cases personally and seek to impose maximum punishment. If you’re accused of causing injury or death while driving under the influence, you’re not just looking at a license suspension or a few days in jail. You’re facing years in prison, a permanent felony record, and the potential loss of everything you’ve worked for. When a DWI turns into a felony, you need an attorney who can fight for your future.
At The Law Offices of David C. Hardaway, we represent clients charged with Intoxication Assault and Intoxication Manslaughter in San Marcos and throughout Hays County. We don’t waste time sugarcoating the charges — we explain exactly what you’re facing and how we plan to fight it. From challenging the state’s evidence to presenting your side of the story, our San Marcos intoxication assault & manslaughter lawyers build smart, aggressive defenses that take every possible factor into account.
What Is Intoxication Assault in Texas?
Under Texas Penal Code § 49.07, Intoxication Assault occurs when a person operates a motor vehicle in a public place while intoxicated, and as a result of that intoxication, they cause serious bodily injury to another person. “Serious bodily injury” means any injury that creates a substantial risk of death or that causes permanent disfigurement, protracted loss, or impairment of a body part or function. This charge can arise from car crashes as well as motorcycle accidents, boating accidents, and incidents involving pedestrians or bicyclists.
Intoxication Assault is typically a third-degree felony, punishable by 2 to 10 years in prison, up to $10,000 in fines, license suspension for 180 days to 2 years, and probation or community supervision in certain cases. If the injured person is a firefighter, EMT, police officer, or judge, the charge may be enhanced to a second-degree felony with harsher penalties.
What Is Intoxication Manslaughter in Texas?
According to Texas Penal Code § 49.08, a person commits Intoxication Manslaughter if they operate a vehicle in a public place while intoxicated and as a result of that intoxication, they cause the death of another person. It doesn’t matter whether the death was intentional or accidental. If intoxication caused the crash, the state will likely pursue this as a second-degree felony.
Penalties for Intoxication Manslaughter include 2 to 20 years in prison, up to $10,000 in fines, a felony conviction on your record for life, and mandatory driver’s license suspension. If the victim was a first responder, the offense may be charged as a first-degree felony, punishable by 5 to 99 years in prison.
Defending Against Intoxication Assault and Manslaughter Charges in Hays County
These cases often revolve around key pieces of evidence, such as blood or breath test results, crash scene reconstruction, witness statements, dashcam or bodycam footage, and medical records. But the state doesn’t always get it right. We investigate whether your BAC was accurately measured, whether causation has been proven, and whether the injuries or death were actually caused by intoxication — all of which must be proven beyond a reasonable doubt. We also explore alternative explanations, potential constitutional violations, and negotiated plea options when appropriate.
Why You Need a Strategic Defense Immediately
If you’ve been arrested or are under investigation for intoxication assault or manslaughter, you’re probably already under pressure — from law enforcement, from the media, and even from your own community. What you need now is an attorney who can cut through the noise, protect your rights, and take over communication with prosecutors and investigators.
At our firm, we give every client:
- Clear, honest advice about what to expect
- Aggressive representation from the start of the case to the end
- Prompt, responsive communication
- An individualized strategy based on your specific circumstances
These charges aren’t limited to San Marcos city limits. We handle felony-level DWI cases in Kyle, Buda, Wimberley, Dripping Springs, and all across Hays County and neighboring jurisdictions. Whether the charges stem from a crash on I-35, Ranch Road 12, or rural Hays County roads, we know how local courts approach these cases — and we know how to fight back.
Talk to a San Marcos Felony DWI Defense Lawyer Today
When injury or death is involved in a DWI case, there’s no time to wait. Call The Law Offices of David C. Hardaway today for immediate assistance. We’ll review your situation, explain your options, and get to work protecting your future.
