INTOXICATION MANSLAUGHTER W/VEHICLE

Texas Penal Code § 49.08 defines intoxication manslaughter. A person commits the offense by operating a motor vehicle in a public place — the statute also covers aircraft, watercraft, and amusement rides — while intoxicated, and by reason of that intoxication causing the death of another person by accident or mistake. The State must prove intoxication, meaning the loss of the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug, a dangerous drug, or a combination, or an alcohol concentration of 0.08 or more, and a causal link between the intoxication and the death. No intent to kill is required; the statute expressly contemplates death caused by accident or mistake, which distinguishes it from manslaughter under Texas Penal Code § 19.04, an offense requiring proof of recklessness. Subsection (b) classifies the offense as a second-degree felony.

Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.

Across 1,283 Texas bail settings for this charge (8 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $75,000 (middle half: $35,000 – $150,000). 1% of defendants were released on a personal bond, and bail was denied in 100 cases. When this was the only charge at booking (422 records), the median was $75,000 and 1% got a personal bond.

Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.