The Serious Offense of Intoxication Manslaughter
When a person causes the death of someone as a result of operating his vehicle while intoxicated, he is likely to be charged with the crime of Intoxication Manslaughter. In order to prove this case against an accused, the prosecutor must show beyond a reasonable doubt not only that the individual was intoxicated, but that the death was a direct result of that intoxication.
To Prove Guilt in an Intoxication Manslaughter Case
As in a traditional DWI case, a prosecutor in an intoxication manslaughter case will attempt to show intoxication by a test of the breath or blood of the accused. As well, intoxication can be shown by the testimony of the investigating officer that he developed an opinion of the intoxication of the accused because of a failure of certain field tests. All of this evidence can be attacked by an experienced and qualified intoxication manslaughter defense lawyer at Chernoff Law.
Practically, all accidents that result in the death of an individual will be investigated more thoroughly than a traditional Driving While Intoxicated case. What this means is that even if an individual refuses a breath test, the investigation officers will obtain a blood sample from the accused. This may be by search warrant, but in the case of a death, it not need be.
What this means is that the argument over intoxication will likely be over the procedure, method, accuracy and authority of the blood test. If you are charged with intoxication manslaughter, it is abolutely vital that you are represented by a criminal lawyer who has tremendous experience in how to attack the government blood test evidence.
The Death Resulted from Intoxication
In many of our cases, intoxication is not the issue. One example is a recent case we handled. In this case, our client hit a pedestrian on a Houston street. Her blood showed an exceptional level of intoxication. However, we investigated the accident immediately and learned that the pedestrian that was killed was also intoxicated, and had stepped out into the street without warning. The street was poorly lit and our client was driving within the speed limit in the proper lane. With this information in hand, we were able to keep our client from a conviction for manslaughter and out of jail.
Get the Right Lawyer
The bottom line is that your lawyer must do all that he can to make sure that every stone is looked under to keep you protected from government prosecution. Every single element of the crime must be thoroughly investigated and presented. As well, it should not be assumed that the blood test is valid. Our lawyers understand the limitations and failures of the police blood test. Call us today and discuss your case with us!